Case 2412076/2023 · Employment Tribunal
Miss H Bell v Carpenters Limited HELD AT: Liverpool — 2025
- Case reference
- 2412076/2023
- Decision date
- 20 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson REPRESENTATION
Parties
2 namedClaimant
Miss H Bell
Respondent
Key findings
Tribunal's reasoningMiss Bell had been employed by Carpenters Limited since 22 August 2005 and returned from furlough on 23 July 2021 into her Legal Training Manager role. The tribunal accepted that her role changed in that she no longer managed a team in the same way as before, but found that this reflected changed business needs, the departure of a team member, and concerns about her management style. It also found that she continued in the role for a further two years, with unchanged pay, and effectively acquiesced in the change.
The tribunal accepted that Miss Bell raised repeated concerns about workload, administrative support, and resources between 2021 and 2023, including a detailed note in May 2022 and a proposal sent on 1 June 2023 seeking more support. It found that Carpenters did provide some support, including an administrative assistant and assistance from Jamie O'Rourke, and that the respondent's directions that pay concerns be raised with Mr Norbury as head of department rather than HR or the board were proper within the company's pay review process. It also found that Mr Norbury held only one face-to-face review meeting in the relevant period, with the rest remote, but that Miss Bell was largely content with that arrangement.
The resignation issue turned on the Teams meeting on 3 August 2023. The tribunal found that Mr Norbury was not questioning her performance as a disciplinary matter and was instead asking for further information, including a time-and-motion exercise, so that her resource proposal could be assessed. It held that this was a reasonable step, not an obstructive or undermining one, and that the conduct at that meeting did not amount singly or cumulatively to a fundamental breach. Miss Bell's later email on 3 August 2023 was an unequivocal resignation, but the tribunal held that the respondent's later acceptance of that resignation did not cause the resignation and could not found a constructive dismissal claim. The complaint was therefore not well founded and failed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The claimant pursued constructive unfair dismissal at the final hearing. The tribunal found that she resigned on 3 August 2023, but the respondent's conduct did not amount to a fundamental breach of contract or a breach of the implied term of trust and confidence. The separate wrongful dismissal/breach of contract complaint was not pursued at the final hearing after notice pay had been paid. | Dismissed | — | — |
Legal tests applied
8 references- section 95(1)(c) Employment Rights Act 1996
- Western Excavating (ECC) Ltd v Sharp
- Malik v BCCI
- Lewis v Motorworld Garages Ltd
- Omilaju v Waltham Forest LBC
- IBM UK Holdings Limited v Dalgeish
- implied term of trust and confidence
- final straw principle
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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