Mr M Godinho v Leicester City Council — 2024

The claimant resigned on 27 September 2022 after a third party learned details of his return to work meeting following long sickness absence. The respondent accepted that a disclosure had been made and that there was no reasonable and proper cause for it, but did not admit who made it. The tribunal found on the balance of probabilities that the claimant's line manager had disclosed sensitive information about his return to work to a third party.

The tribunal found that the disclosure met the Malik test and breached the implied term of mutual trust and confidence. It also found that the breach was a repudiatory breach of contract and that the disclosure formed part of the claimant's reason for resigning.

However, the tribunal found that the claimant affirmed the contract before resigning. Over about eight months he continued to draw salary, attended and arranged return to work matters, worked at other libraries, raised and pursued a grievance and appeal, reported sickness under the respondent's procedures, supplied fit notes, and sent emails expressing a wish or hope to return to work. The tribunal concluded that he had shown an intention to remain bound by the employment contract, so he was not constructively dismissed and the claim was dismissed.