Mr K Tagoe v Explore Transport Limited — 2021

Mr Tagoe was employed by Explore Transport Limited as an HGV driver from 11 July 2016 until his resignation on 20 November 2020. He said he resigned because of the operation of the vehicle camera system, the way his grievance was handled, and the requirement to attend a wellbeing assessment. The tribunal approached the case as one of constructive unfair dismissal and asked whether the respondent had breached the implied term of trust and confidence.

On the camera issue, the tribunal found that the system had not changed from the incident-based recording explained at induction. It accepted evidence from the respondent and CTSA that the cameras did not provide live streaming, did not record 24 hours a day, and uploaded short clips only when an event was triggered. The claimant’s belief that the camera was being continuously monitored was not supported by the evidence, and the tribunal found that he had conflated the system’s network connection with live streaming.

On the grievance, the tribunal found that the respondent dealt with the complaint within a reasonable timescale, carried out an investigation, and held both the grievance hearing and appeal hearing fairly. It noted that the claimant was told where the data protection policy could be found, was informed who the data protection officer was, and received a clear explanation of how the camera lights and data upload process worked. The grievance and appeal did not amount to a breach of contract.

On the wellbeing issue, the tribunal found that the respondent had a contractual right under its sickness policy to require a medical examination and that it had a genuine concern about the claimant’s mental health. Taking all of the matters relied on for resignation together, the tribunal held that the respondent had not acted without reasonable and proper cause in a way calculated or likely to destroy trust and confidence. The constructive unfair dismissal claim therefore failed and was dismissed.