Mr S Lowe v Wm Morrison Supermarkets Limited — 2023

The claimant claimed unfair constructive dismissal, alleging a cumulative breach of the implied term of trust and confidence. The alleged matters included treatment after a meeting on 13 May 2021, alleged bullying and gaslighting about his performance, the handling of welfare support while he was on sick leave, and the alleged last straw that his formal complaint had not been progressed within three weeks and that nothing had changed.

The tribunal rejected the claimant's characterisation of the May 2021 meeting and subsequent management conduct. It found the meeting was amicable and reasonable, that feedback about store issues was within reasonable management conduct, that the claimant had received a positive mid-year review, and that the evidence did not support the allegation that he had been bullied or gaslighted. It also found that the welfare process, including support from Mr Marshall and offers of occupational health and other support, was reasonable and did not breach the implied term.

On the alleged last straw, the tribunal found the formal complaint had been acknowledged, the claimant had been told there would be a delay because the investigating manager was on holiday, and three weeks was not a reasonable period in which to expect the complaint to be completed. The tribunal also found that the claimant did not resign in response to the alleged breach, but because he had been offered or expected to receive a new job. It concluded there was no fundamental breach of contract, no dismissal under section 95(1)(c), and dismissed the unfair dismissal claim.