Mr M Okpapi v ISS Facility Services Limited — 2019

The claimant worked as a security guard at 1 Churchill Place and resigned by letter dated 9 August 2018, giving 3 September 2018 as his last day. The tribunal considered a series of disciplinary matters concerning vigilance and conduct while on duty, including an incident on 9 March 2018 where the respondent alleged that the claimant was distracted by a mobile phone or similar device while stationed by the turnstiles.

The tribunal found that the respondent had not committed a repudiatory breach of contract. It rejected the alleged breaches relied on for constructive dismissal, including complaints about the grievance process, suspension length, the restart of the disciplinary process, the phone or calculator allegation, and the respondent's handling of photographs taken by a senior manager. The tribunal found that restarting the disciplinary process after the grievance and appeal had concluded was justified and that the claimant had not established a fundamental breach, whether individually or cumulatively.

The arrears of pay claim succeeded only in the sum of £1,624.32 after the tribunal proposed a detailed calculation of basic pay during the suspension period. The tribunal dismissed the accrued holiday pay claim because the claimant had received his full entitlement, dismissed the overtime claim because overtime was not a contractual entitlement, and dismissed the notice pay claim because the constructive dismissal claim failed. The race discrimination claim was withdrawn by the claimant at the start of the hearing.