Dr Paul Leaney v Loughborough University — 2022

Dr Leaney claimed that he had been constructively unfairly dismissed, alleging that Loughborough University had fundamentally breached the implied term of trust and confidence. The tribunal identified the most recent act said to have triggered the resignation as Professor Conway telling him on 29 June 2020 that he could not do anything about matters arising from the grievance or attempted appeal connected with the incident involving Student X.

The tribunal concluded that Dr Leaney affirmed his contract after that event. It relied on the delay between 29 June 2020 and the resignation on 28 September 2020, the absence of evidence that the University misled him during any negotiations, the fact that he did not work under protest, his receipt of legal advice, and the absence of circumstances justifying the delay. Applying Kaur, the tribunal held that the claim failed at that stage and dismissed it.