Ms Andrea Walters v Crisis UK — 2021

Ms Walters worked for Crisis UK from 14 March 2015 until she resigned by email on 5 January 2021. The tribunal recorded that her earlier Employment Tribunal claim of 8 June 2019, which concerned race and sex discrimination, was a protected act for the purposes of the victimisation claim. In this case she alleged victimisation after being accused of bullying, subjected to disciplinary action, given a first written warning, and refused an adjournment of her appeal hearing.

On victimisation, the tribunal rejected the proposition that the initial bullying accusation itself was because of the protected act. It also held that the investigation by Ms Fridler and the first written warning issued by Ms Marsh were not acts of victimisation because those decision-makers did not know about the previous claim. The tribunal nevertheless found that the disciplinary process was carried out improperly in several respects, including that the claimant was not properly told what the investigation was about, requested steps were not taken, and Janice Gunn later re-opened the bullying allegation after the investigation had not upheld it.

The tribunal concluded that the improper disciplinary process, taken together with Ms Gunn's role in the later handling of the case and Richard Lee's refusal to postpone the appeal hearing, was because of the protected act. It found that there was no credible explanation for refusing the adjournment when the claimant's union representative could not attend, and held that Crisis UK victimised Ms Walters by subjecting her to an improper disciplinary procedure and by refusing to postpone the appeal hearing.

On unfair dismissal, the tribunal held that the background of Project Vista, including poor communication, differential treatment of weekday and weekend staff, and pressure during the redundancy process, had already damaged the employment relationship. It found that the later detriments further undermined trust and confidence, and that the refusal to postpone the appeal hearing was the final straw. It therefore held that Ms Walters resigned in response to a repudiatory breach, had not affirmed the contract, and was unfairly dismissed by constructive dismissal. On the breach of contract / wrongful dismissal issue, the tribunal held that there had been a repudiatory breach entitling her to resign and claim notice pay, but the reasons do not set out any quantified monetary award.