Mrs D DeSouza v London Borough of Havering — 2023

The tribunal found that Mrs DeSouza was employed by the London Borough of Havering as a MASH/Link Officer from 30 June 2014 until she resigned with immediate effect on 24 May 2021. Her case was that she had been constructively unfairly dismissed after a course of conduct including changes to her line management and role, alleged bullying and micromanagement by Ms Hudson, the handling of performance objectives and reporting requirements, the sharing of an occupational health report with her new line manager, and the response to her email of 20 May 2021 describing the effect of the changes on her.

The tribunal rejected a number of the alleged incidents as breaches of contract. It found that requiring weekly reports, asking Mrs DeSouza to spend part of the week on the housing team floor, requesting a service-area contact list, restoring Ms Hudson's diary access, sharing the occupational health report with Ms Sharp, and the events of the 12 May 2021 meeting and telephone call did not amount to bullying, harassment, micromanagement, or breach of confidence. It also found that Mrs DeSouza had directly challenged aspects of Ms Hudson's management and that her conduct contributed to her dismissal.

The tribunal upheld the constructive dismissal case on the basis that, on 13 May 2021, Mrs DeSouza was moved to Ms Sharp's line management without advance notice and was also removed from housing managers' meetings, senior management panels, deputising opportunities, and other management-level involvement. The tribunal found this was an effective demotion in influence and status and a breach of the implied term of mutual trust and confidence. It further found that Ms Hudson's continued control through finalising PDR objectives without discussion, placing diary reminders for reports to Ms Hudson and Ms Sharp, and the inadequate response by Ms Hudson and Ms Sharp to Mrs DeSouza's 20 May 2021 email were contributing acts which led to her resignation.

The respondent did not argue that Mrs DeSouza affirmed the contract after the 20 May 2021 response, and the tribunal also found no affirmation after the 13 May 2021 removal from the management team. Having found constructive dismissal, the tribunal found the dismissal unfair because the respondent had not relied on any potentially fair reason. It found that the difficult relationship between Mrs DeSouza and Ms Hudson should have been addressed through disciplinary or other proper procedures rather than by changing line management in a way that affected Mrs DeSouza's status. A remedy hearing was ordered, so no compensation was awarded in this judgment.