Mr William Carswell v Marks and Spencer plc — 2022

The claimant worked at the respondent's Barrow store until its closure and was required to redeploy to Ulverston under a contractual mobility clause. The tribunal accepted that public transport was not feasible for him and found his evidence credible about his anxiety, previous travel-related health issues, nervousness as a learner motorbike rider, previous accidents, and concerns about the available routes to Ulverston.

The tribunal found that the respondent should have reviewed the redeployment decision once the claimant made known his anxiety and the issues he faced with public transport and motorbike travel. It found the respondent failed to take proper account of the occupational health report, which indicated a risk of deterioration in the claimant's mental health if required to travel to Ulverston.

In the claimant's particular circumstances, the tribunal concluded that enforcing the mobility clause was not feasible and that the respondent had no reasonable and proper cause for doing so. This was a fundamental breach of the implied term of trust and confidence; the claimant resigned in response without affirming the contract. The tribunal also found that, but for the breach, the claimant would have been dismissed for redundancy, so any compensatory award would be limited accordingly, with no reduction for contributory fault and no award for loss of statutory rights.