Mrs S Bell v Alicia Coffee House Limited — 2025

The claimant, the manager of the respondent's Sunderland coffee shop, resigned and brought a single complaint of constructive unfair dismissal under sections 94, 95(1)(c) and 111 of the Employment Rights Act 1996. Her employment had transferred to the respondent under TUPE in March 2024, and she contended that the respondent's conduct after the transfer (including changes to how her pay was expressed and an alleged erosion of her managerial role) amounted to a breach of the implied term of trust and confidence, with an incident on 11 June 2024 said to be the 'last straw'.

Employment Judge Morris, sitting alone at Newcastle Hearing Centre (by CVP) on 9 and 15 January 2025, found that the claimant had continued to undertake her key managerial tasks (rota, stock, suppliers, banking, annual leave, hiring, training and staff discipline), with the exception of production of accounts which was not in issue. The Judge found that the respondent had not acted, or failed to act, in a way that amounted to a breach of contract, and that any issues between the parties did not go to the heart of the employment relationship so as to constitute a fundamental or repudiatory breach.

The Judge further noted that the resignation letter made no mention of the 11 June 2024 incident relied on as the 'last straw', and that the claimant had not challenged Mr Adam's account of that incident in cross-examination. Applying Western Excavating (ECC) Ltd, Malik and Omilaju, the Tribunal concluded that the claimant had not been dismissed within the meaning of s.95(1)(c), and accordingly her complaint of unfair dismissal was not well-founded and was dismissed.