Mr J Ridley v On a Roll Sandwich Company Heard at Newcastle ET sitting at Teesside Justice Centre — 2024

The claimant alleged constructive unfair dismissal, relying on alleged breaches including a threatened written warning, treatment by managers, the respondent's response to his sickness absence and wages, and the absence of reassurance or apology. The Tribunal considered whether those matters amounted to a fundamental breach of contract or a final straw entitling him to resign.

The Tribunal found that the respondent's actions did not amount to a breach of an express term or the implied term of trust and confidence. It noted that the respondent had retracted the disciplinary invite, dealt with the claimant's complaints in writing after he declined meetings, terminated the employment of the manager involved, and responded to points about sick pay and hourly rate in a way that was not a breach of contract.

The Tribunal was not satisfied that the claimant had been constructively unfairly dismissed. It also found that he had not been dismissed by reason of redundancy, so both the unfair dismissal complaint and the redundancy payment claim were dismissed.