Ms N Barber v Krinvest Care Group – Mapleford Nursing Home — 2022

Ms N Barber had been employed at Mapleford Care Home since 14 October 2003 and was appointed Care Manager with effect from 1 March 2022. The respondent did not attend the final hearing and provided no evidence. The tribunal relied on the claimant's witness evidence, which it found credible, together with the documents produced for the hearing.

The tribunal found that after the promotion the claimant was not given a job description or supervision meeting, her previous Care Supervisor duties were gradually removed, and no new duties commensurate with the Care Manager role were provided. When she raised the issue with Joanne Randall, she was told only that they would "work through it" and no grievance or other route for resolving the problem was offered. The claimant resigned on 14 April 2022. Applying the constructive dismissal principles in Western Excavating (ECC) Ltd v Sharp and section 95(1)(c) ERA 1996, the tribunal held that the respondent's conduct breached the implied term of trust and confidence, that the breach was fundamental, that it caused the resignation, and that the claimant had not affirmed the contract.

The tribunal therefore upheld the complaint of constructive unfair dismissal. For remedy, it found that the claimant had 18 years' service for basic award purposes and had not suffered continuing loss of earnings. It awarded a basic award of £4,088 and a further £500 for loss of statutory rights, making a total award of £4,588.