Mr M Palmer v Mitie Limited — 2022

The claimant brought a claim for unfair dismissal after resigning. He confirmed that he was not pursuing disability discrimination. The tribunal considered whether he had been constructively dismissed, focusing on whether the respondent had breached the implied term of mutual trust and confidence.

The tribunal found that a £60 wage deduction for a vehicle fine had been made in error, but was a genuine mistake and was rectified within a reasonable time, with an additional £25 paid to compensate for the error. It accepted that the claimant genuinely felt stressed by his workload, but found that the respondent, through his manager, had offered support, kept in regular contact, and provided or attempted to provide assistance.

The tribunal also found that the claimant's grievance was not treated as a formal grievance, but the issues he had raised were discussed and addressed, and that the respondent's managers responded appropriately when he reported chest pains on 19 July 2021. It concluded that the respondent had not acted in a way likely to destroy or seriously damage trust and confidence, so there was no fundamental breach of contract and the unfair dismissal claim was dismissed.