Mr Ashley Fenyn v Games Workshop plc — 2023

Mr Fenyn worked for Games Workshop Limited from 12 March 2018 until he resigned on 7 March 2022. The dispute arose from his efforts to secure additional pay and formal recognition for Damian Haczynski, who had been carrying out supervisory duties on the night shift. The tribunal found that the claimant genuinely believed Mr Haczynski should be paid fairly for the extra responsibilities, but that he was not always proactive in resolving the issue and sometimes waited for the wider role-review process to progress.

The tribunal accepted that the claimant's emails to Mr Haczynski could give the impression that a Senior Operative or Supervisor role, and associated pay, had been approved when that was not yet settled and a competitive process was required. It found that the respondent was entitled to treat the communications as a disciplinary matter, that the allegation was sufficiently clear, and that the grievance investigation and disciplinary hearing were not unfair in the contractual sense. The tribunal accepted that the claimant understood the concern by the hearing, acknowledged that he could see how Mr Haczynski could have misconstrued the emails, and did not persuade the tribunal that he would change his approach in future.

Applying the implied term of mutual trust and confidence, the Western Excavating line of authority on repudiatory breach, and the authorities the tribunal cited on fair disciplinary processes and rational decision-making, the tribunal concluded that the respondent had reasonable and proper cause for its conduct. It found no fundamental breach, no constructive dismissal, and no unfairness sufficient to amount to a repudiatory breach. The claimant resigned shortly after the written warning and within the appeal period, but because there was no underlying breach, that did not assist his claim.

The wrongful dismissal claim also failed. The tribunal held that there was no constructive dismissal and therefore no breach of contract in respect of notice. No monetary remedy was awarded.