Mr S Morriss v Leidos Industrial Engineers Limited — 2024

The claimant was employed as a cleaner/handyman and brought claims arising from an attempt to remove an additional tea break, disciplinary allegations, a final written warning, and the appeal process. The tribunal found that the respondent attempted to remove the claimant's contractual entitlement to an additional tea break, failed to conduct fair and open disciplinary and appeal processes, alleged trumped-up charges, and issued a final written warning.

The tribunal found that the final written warning, viewed objectively, was likely to seriously damage trust and confidence and that the respondent had breached the implied term of trust and confidence. It accepted that the claimant resigned in response to that repudiatory breach and had not affirmed the contract, and it found that the respondent had not shown a fair reason for the dismissal.

Although the respondent accepted that the claimant had made a protected disclosure, the tribunal found that the protected disclosure did not materially influence the relevant decision-making. It dismissed the complaints of detrimental treatment and constructive dismissal because of protected disclosures.