Mrs C Mcloughlin v Gaskells (North West) Ltd — 2024

Mrs C Mcloughlin worked for Gaskells (North West) Ltd as Fleet Manager, with responsibility for fleet compliance, maintenance and management of fitters and contractors. In July 2023 the respondent decided to appoint a Workshop Manager. The tribunal found there had been no meaningful consultation with the claimant about the proposed change and that the proposed job description removed her workshop and team-management responsibilities while leaving her title and salary unchanged.

The tribunal found that, viewed objectively, the respondent’s conduct was calculated or likely to destroy or seriously damage trust and confidence, even though it accepted the respondent had a sound business reason to appoint a technically skilled workshop manager. It held that the claimant’s role had been significantly changed and effectively demoted without agreement or meaningful consultation, and that this amounted to a breach of the implied term of trust and confidence without reasonable and proper cause.

The tribunal further found that the breach was fundamental and that it remained an effective cause of the claimant’s resignation on 25 July 2023, even though she had also secured alternative employment. It therefore found that she was constructively dismissed and that her complaint of unfair dismissal was well-founded. Remedy was not determined at this hearing and was adjourned to 17 April 2024.