Mr N Champion v WFL (UK) Limited — 2019

Mr N Champion brought claims for constructive unfair dismissal and unlawful deduction of wages against WFL (UK) Limited. The wage claim was settled before the substantive hearing and dismissed upon withdrawal. The remaining issue was whether the respondent's conduct in relation to a disciplinary investigation and hearing amounted to a fundamental breach of contract entitling him to resign.

The tribunal found that the claimant had been made aware of the revised fuel delivery standards at a site safety briefing on 30 April 2018, including the rule that a customer was not allowed to assist with delivery. After a customer complained on 12 December 2018 about possible contamination, the respondent investigated and interviewed the claimant on 17 December 2018. The tribunal accepted the investigation notes as an accurate, though not verbatim, record and found that the claimant knew the matter was an investigation and had admitted he would have acted differently if the delivery were repeated.

The tribunal also found that the disciplinary process was conducted properly. It held that the invite letter of 25 January 2019, the disciplinary hearing on 31 January 2019, and the adjournment for further checks were all reasonable steps in a serious health and safety matter. It rejected the claimant's assertions that the investigation notes were fabricated, that he had not been told about the investigation, and that the respondent failed to check whether he had been issued with the fuel delivery standards. The alleged telephone call in which the disciplinary officer was said to have been "raging" was not accepted, and the tribunal found the six-week interval between the investigation and disciplinary hearing was not a breach.

Applying the implied term of trust and confidence, and referring to Malik, Omilaju and Kaur, the tribunal held that there was no breach individually or cumulatively. It found that the claimant resigned before the respondent could complete the further investigation it had agreed to undertake, and concluded that he had resigned too soon. The constructive dismissal claim was therefore dismissed, and no monetary award was made.