Mrs A Chadwick v Alternative Futures Group Limited — 2020

The claimant originally advanced a trade union detriment complaint, but after strike-out at a preliminary hearing the case proceeded as a constructive unfair dismissal claim under section 95(1)(c) of the Employment Rights Act 1996. The tribunal directed itself by reference to the implied term of trust and confidence and the authorities it cited on constructive dismissal, including Western Excavating, Malik, Buckland, Omilaju, Goold, Assamoi and Blackburn.

On the facts, the tribunal accepted that the 4 April 2019 meeting at Norma Road was tense and that Margaret Morgan raised her voice, but found this was in response to the claimant challenging the proposed transfer of staff and was not an unprovoked rage. It found that the cancelled 15 April call with Adele Hollywood was due to illness, and that the 18 April WhatsApp message about writing on the garden table was an open question rather than an allegation that the claimant had written the graffiti.

The tribunal accepted that the move from Norma Road to Silvester Street had operational reasons, although it found the respondent did not clearly explain the move to the claimant at the time and that the rota she received was oppressive. It also found that the respondent had reasonable grounds to investigate the claimant's conduct because of the 4 April meeting, the 18 April WhatsApp exchanges and the Unison WhatsApp messages, and it rejected the suggestion that the investigation was a conspiracy to manage her out.

The tribunal held that the claimant resigned on 23 May 2019 after the disciplinary investigation meeting on 15 May 2019, but before the grievance outcome and before the disciplinary outcome had been communicated to her. It concluded that the nine alleged breaches, taken individually or cumulatively, did not amount to a fundamental breach of the implied term of trust and confidence. The claim of constructive unfair dismissal therefore failed and was dismissed, and no remedy arose.