In person For the v Mr P Bradley, HR consultant — 2021

Mr Oni brought a claim of constructive unfair dismissal under section 98(1) of the Employment Rights Act 1996, relying on an alleged breach of the implied term of mutual trust and confidence. He had worked for Pace Security Services Limited for about three and a half years as a Security Officer and Fire Marshal, and his employment ended after events on 27 November 2021 and his resignation on 7 December 2021.

The dispute centred on whether Mr Oni was entitled, during a 12-hour shift, to leave his immediate fire marshal observation point and go to Tesco or McDonalds for breaks. The tribunal accepted that Quintain had reported he had left his place of work and found that the respondent was entitled to investigate that conduct. It also held that suspension was appropriate both because Quintain wanted him removed from site and because suspension pending a disciplinary investigation is permissible in those circumstances.

The tribunal found there was very little the respondent could do once Quintain insisted that Mr Oni no longer work at the site. It noted that Pace offered him work at an alternative location, which he rejected. Because the tribunal found the investigation and suspension to be reasonable and proper, and did not identify any material breach of contract, it concluded that the claimant had not established constructive dismissal and dismissed the claim.