Ms Tarasiuk (in person) For the v Respondent — 2019

Ms Tarasiuk claimed that she had been constructively unfairly dismissed after a series of meetings, investigations and disciplinary steps taken by Travelodge Hotels Limited. The tribunal recorded that she resigned on 27 November 2017. It found that Mr Hunter had investigated complaints about her conduct from colleagues, including complaints from Ms Thompson, Ms Hall and Ms Ryan, and that those investigations were carried out with reasonable and proper cause.

The tribunal rejected the Claimant’s case that Mr Hunter behaved in an oppressive, intimidating or humiliating way. It found that his meetings with her were conducted appropriately and supportively, that he was seeking to gather information from the different accounts, and that the temporary move to another hotel during the Hall investigation was a reasonable step and was permitted by her contract. It also found that the disciplinary hearing on 25 August 2017 and the appeal on 3 October 2017 were handled reasonably, with the Respondent entitled to rely on the evidence from colleagues and the notes of the meetings.

In its conclusions, the tribunal applied the constructive dismissal test under section 95(1)(c) and section 98(4) of the Employment Rights Act 1996, together with the implied term of trust and confidence and the last-straw authorities it cited. It held that the Respondent had reasonable and proper cause for the investigation, disciplinary process, appeal, and the further fact-finding meetings in October and November 2017. On that basis, it found there was no fundamental breach of contract, the Claimant did not resign in response to such a breach, and the claim was dismissed. The tribunal noted separately that a £500 underpayment had been identified on 7 September 2017 and was resolved within a week, but that did not alter the outcome of the case.