Case 3306067/2024 · Employment Tribunal
Mr Stephen Taylor v TRGB Ltd — 2026
- Case reference
- 3306067/2024
- Decision date
- 27 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Boyes
- Venue
- Norwich and Watford
Parties
2 namedClaimant
Mr Stephen Taylor
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed Stephen Taylor’s constructive unfair dismissal claim against TRGB Ltd because he resigned and was not constructively dismissed. His holiday pay and related unauthorised deductions complaints succeeded. Taylor worked as a classic car fitter from May 2021 until 15 January 2024. He left the workshop on 21 June 2023 and subsequently remained on sickness absence with depression and anxiety. The tribunal found that frustration with a task for which parts were missing triggered his departure from the workshop; it rejected his later assertion that he left because he feared workshop manager Stephen Brocklebank.
The tribunal found that concerns about parts, work allocation and workshop practices had been addressed as far as possible. Taylor had not shown that he faced excessive workloads, unreasonable deadlines or bullying and harassment. The tribunal accepted that Brocklebank may have shouted during the incident on 21 June and made a separate remark about working with Taylor, but found that these matters did not amount to bullying, harassment or a repudiatory breach in their context.
The tribunal rejected allegations that Gary Bates visited Taylor’s home, arranged visits by others or disclosed his health information. An employee’s hand delivery of a letter was a reasonable means of getting correspondence to him and did not establish a breach of trust and confidence. Recruitment of another fitter was not shown to have been intended to replace Taylor, whose role remained open. Comments about the stress caused by the situation, an apparent overseas dialling tone and Taylor’s potential mental health problems did not establish a repudiatory breach when read in context. Statutory sick pay had been paid, and the correspondence about eligibility and unauthorised absence did not amount to threats to withhold pay or dismiss him.
Bates repeatedly sought discussions, but Taylor did not speak to or meet him during more than six months of sickness absence. The tribunal accepted that Bates had concerns about who was drafting correspondence and whether third parties were authorised. Requiring a signed authority or personal collection before supplying further copies of employment documents was justified in those circumstances. Blocking Taylor’s access to Bates’s mobile number after late-night contact did not prevent other communication. The tribunal found that Taylor’s lack of engagement prevented the respondent from discussing his written concerns directly with him.
Taylor said that he resigned because he did not want to attend the proposed meeting about his sickness absence. Applying the contractual test and the principles on cumulative breaches and a last straw, the tribunal found that inviting him to such a meeting was appropriate. None of the matters relied on, individually or together, amounted to a repudiatory breach of the implied term of trust and confidence. The holiday pay dispute arose after his resignation and could not have caused it. As there was no constructive dismissal, the tribunal did not need to decide whether there was a potentially fair reason for dismissal.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Constructive unfair dismissal under section 95(1)(c) ERA 1996. The tribunal found that the claimant resigned without a repudiatory breach by the respondent. As no dismissal was established, the unfair dismissal complaint failed. | Dismissed | — | — |
| Holiday pay | The Working Time Regulations complaint succeeded. Payment was due for a further 12.5 days of accrued but untaken annual leave. The monetary amount was reserved for a three-hour remedy hearing unless agreed beforehand. | Upheld | — | — |
| Unlawful deduction from wages | The claimant confirmed that the arrears sought were holiday pay. The unauthorised deductions complaint succeeded for the same unpaid holiday entitlement, rather than a separate sum. | Upheld | — | — |
Legal tests applied
12 references- Section 95(1)(c) Employment Rights Act 1996: constructive dismissal
- Western Excavating (ECC) Ltd v Sharp [1978] ICR 221: repudiatory breach of contract
- Malik v Bank of Credit and Commerce International Ltd [1998] AC 20: implied term of trust and confidence
- Lewis v Motorworld Garages Ltd [1986] ICR 157: cumulative breach
- Omilaju v Waltham Forest London Borough Council [2005] IRLR 35: last straw
- Kaur v Leeds Teaching Hospital NHS Trust [2018] EWCA Civ 978: constructive dismissal questions
- Lochuack v London Borough of Sutton EAT 0197/14: objective assessment of cumulative repudiatory breach
- Transco plc (formerly British Gas plc) v O’Brien 2001 IRLR 496: serious damage to trust and confidence
- Section 151 Social Security Contributions and Benefits Act 1992: employee status for statutory sick pay
- Working Time Regulations 1998, regulations 13, 13A, 13(15) and 14: annual leave, sickness carry-over and payment on termination
- Stringer and ors v Revenue and Customs Commissioners; Schultz-Hoff v Deutsche Rentenversicherung Bund 2009 ICR 932: carrying forward leave untaken because of sickness
- Chief Constable of the Police Service of Northern Ireland and anor v Agnew and ors 2024 ICR 51: composite annual leave entitlement
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.