Miss Maria Walls v Loizou Restaurants Ltd — 2020

Miss Maria Walls resigned on 14 December 2020 and claimed constructive unfair dismissal against Loizou Restaurants Ltd. The tribunal found one freestanding breach of the implied term of trust and confidence when Mr Loizou told Mr Mustafa on 11 August 2020 that the claimant was "a problem". It also found that a series of earlier matters, taken cumulatively, contributed to a breach of contract, including unfair disciplinary sanctions, exclusion from the 2017 Christmas meal, threatening WhatsApp messages from Mr Simons, and flaws in the grievance handling.

On the disciplinary matters, the tribunal accepted that the managers involved acted in good faith and without ulterior motive, but held that the sanctions themselves were unfair. It found that the 2016 final written warning was issued without an actual finding of misconduct, that the 2018 final written warning for the Chingford cash loss was unfair in light of the claimant's role and the wider circumstances, and that the 2019 performance warning process was confused and lacking in clarity. In particular, it found there was no clear policy on how the PIP process linked to performance grades, that a quarterly review was carried out on an annual review form in December 2019, and that the claimant was sanctioned despite recent positive feedback from Mr Simons.

The tribunal rejected the claimant's case that her 2015 sabbatical request led to a plan to force her out of the business, and it accepted the respondent had legitimate business reasons for keeping her on furlough while other managers returned. It also found that the bonus and pay-rise complaints were not made out, and that the omission from the December 2019 rota was an error. The tribunal held that the claimant resigned in response to the cumulative breach and had not affirmed the contract, so constructive unfair dismissal was made out. Liability was determined only; remedy was left to a later hearing.