Mr M Williams v Balfour Beatty plc — 2020

The claimant resigned after being suspended and investigated following an allegation of physical violence at work. He argued that his suspension, the respondent's handling of the disciplinary investigation, and the respondent's handling of his grievance breached the implied term of mutual trust and confidence. The tribunal found that the suspension was objectively reasonable because the claimant had been accused of physical violence and initial witness statements supported the accusation.

The tribunal found that the disciplinary investigation did not amount to a repudiatory breach. Although the respondent initially gave short notice of the investigatory meeting, it postponed the meeting when asked. The tribunal accepted that attempts were made to obtain evidence from the witnesses identified by the claimant, found that the decision to dismiss had not been predetermined, and accepted that the question asked about the light fittings was reasonable in the context of the investigation.

The claimant had submitted a grievance about alleged bullying shortly before resigning. The tribunal found it was not unreasonable for the respondent to hold the disciplinary investigatory meeting before the grievance meeting, and that the claimant did not give the respondent the chance to conclude the investigation before resigning. The tribunal concluded that the claimant resigned because he formed the view he would be dismissed, not because the respondent's suspension, disciplinary investigation, or grievance investigation amounted to a breach justifying resignation.