Miss L Tubero v Redbridge Citizens Advice Bureau — 2020

Miss L Tubero had worked for Redbridge Citizens Advice Bureau since 1999. She brought a constructive unfair dismissal claim arising from events in early 2018. The tribunal found that her contractual hours remained 21 per week and that the later 28-hour arrangement was temporary only, so there was no express contractual right to continue working 28 hours.

The tribunal found that the respondent mishandled the potential redundancy situation in January 2018. It held that Mr Hunter spoke about the claimant’s post in practical terms at the 23 January meeting, but that the respondent should have given her the letter before the meeting once it knew she would not attend, and should have had a proper individual consultation with her. It also found that the respondent reduced her hours from 28 to 21 in February 2018 without consultation, unlike the process followed in 2011 when her hours were previously reduced.

The tribunal further found that Mr Hunter made dismissive remarks in April and May 2018, including saying that the claimant was overpaid, and that his 30 May email reframed what he had said. Taken together with the poor redundancy consultation and the reduction in hours, those matters breached the implied term of mutual trust and confidence and amounted cumulatively to a repudiatory breach. The claimant resigned on 26 July 2018, and the tribunal held that she resigned in response to that cumulative breach rather than affirming the contract.

The tribunal rejected an uplift under the ACAS Code. It found that the 23 May email was not treated by the claimant as a grievance at the time and was not raised in accordance with the respondent’s procedure, so it would not be just and equitable to increase compensation. It awarded notice pay of £2,729.76, a basic award of £8,018.67, and a compensatory award of £7,722.00, making a total award of £18,470.43, and made no costs order.