Mr Stephen Hunter v The Reserve Forces' and Cadets' Association for the North West of England and the Isle of Man (NW RFCA) — 2024

The claimant resigned on 20 April 2020 after raising allegations about Lt Col Black and after receiving a notice to quit Farm Cottage. The tribunal accepted that the claimant was a skilled and hard-working employee, but it found that the respondent’s investigation into the bullying allegations was not a sham. It found that the investigation was carried out by an independent HR consultant, that the disciplinary process properly concluded that bullying had occurred, and that the respondent had reasonable and proper cause for the confidentiality surrounding the investigation and sanction.

On Farm Cottage, the tribunal found that the claimant occupied the property under a licence only and had no contractual entitlement to housing as part of his employment. It accepted that the respondent had made genuine efforts over many years to repair the property, with more than £86,000 spent between 2007 and April 2020 and more than £40,000 spent since the beginning of 2018. The tribunal accepted evidence that the underlying problems included flooding and groundwater issues, that the respondent had a finite repairs fund, that alternative accommodation had been offered, and that Lt Col Black had no role in repair decisions.

Applying the constructive dismissal authorities, the tribunal held that there was no fundamental breach of contract and no breach of the implied term of trust and confidence. It found that the notice to quit was not a threat but a fair response to unsustainable repair costs and that, even if it was the last event prompting resignation, it was innocuous and fairly reached. The tribunal also found that the claimant resigned about four months after the disciplinary outcome in December 2019, so the contract had in any event been affirmed. The constructive unfair dismissal claim was therefore dismissed, and the notice-pay breach of contract claim had been withdrawn.