Mr Philip Hannah v Travis Perkins plc — 2023

The claimant resigned on notice on 5 August 2022 to join a competitor, then resigned with immediate effect on 22 August 2022 after being suspended for alleged gross misconduct. The tribunal found that the suspension was not supported by reasonable and proper cause. It found that the respondent had targeted the claimant for investigation after his resignation, and that the alleged concerns about dead stock sales and other transactions did not provide a genuine basis for the suspension.

The tribunal found that the respondent's conduct breached the implied term of trust and confidence and that the claimant resigned in response to that breach without affirming the contract. It also found there was no fair reason for dismissal, no contributory fault by the claimant, and no basis for reducing compensation because he did not pursue the grievance process.

The tribunal held that a 25% uplift should apply to the compensatory award because the respondent unreasonably failed to comply with the ACAS Code, particularly the requirement to act consistently in disciplinary matters. It also upheld the breach of contract claim for notice pay because the claimant was not guilty of gross misconduct and was entitled to contractual notice. Remedy was reserved to a separate hearing.