Mr Dean Chafer v Benfleet Scrap Co Limited — 2024

Mr Dean Chafer was employed by Benfleet Scrap Co Limited as a driver from 10 January 2021 until his employment ended on 23 February 2023. He brought a claim of constructive unfair dismissal, alleging that the respondent’s disciplinary process and events at a meeting on 23 February 2023 breached the implied term of mutual trust and confidence and forced him to resign.

The tribunal found that the respondent’s investigation and disciplinary process were conducted fairly and appropriately. It accepted that the respondent investigated allegations of missing cash and damage to a vehicle, held an investigation meeting on 17 February 2023, suspended the claimant pending investigation, and then conducted a disciplinary hearing on 21 February 2023 at which the claimant was given the opportunity to respond. Having heard the evidence and listened to the recording of the disciplinary hearing, the tribunal found no unfairness in the way the hearing was handled.

The tribunal preferred the respondent’s evidence about the meeting on 23 February 2023. It found that the claimant was not forced to resign and that he chose to resign himself, after it was agreed that he would be paid for the remainder of that week and the following week and would not have to pay for the vehicle damage. The resignation letter was consistent with a voluntary resignation and did not mention any forced resignation. The claimant’s later grievance alleging forced resignation was not upheld.

Applying the constructive dismissal principles, including the objective question whether there had been a repudiatory breach of the implied term of trust and confidence, the tribunal held there was no breach by the respondent. It also rejected the claimant’s argument that the fact some salary was paid in cash had any relevance to the claim. The claim of constructive unfair dismissal was therefore dismissed, and no remedy was awarded.