In person, supported by Mr M Byrne (a McKenzie Friend) For the v Mr J Ward, (Solicitor) — 2019

The claimant, Mr P Bailey, worked for British Telecommunications Plc from 1 June 1998 until his employment ended on 9 February 2018 after the respondent accepted his email of 7 February 2018 as a resignation. At an earlier case management stage the respondent accepted that he was a disabled person within the meaning of section 6 Equality Act 2010 because of osteoarthritis in his right knee, but the disability discrimination complaint was withdrawn and the hearing proceeded only on the constructive unfair dismissal claim.

The tribunal found that the claimant had been given substantial training and support when he moved into the planner role in November 2013, including a three month training period, a glide path and then a coaching plan. It accepted that he was not given much actual planning work at first because he was training, and it concluded that the later performance management steps in 2014 and 2015 were reasonable and did not amount to a fundamental breach of contract. The tribunal also rejected the suggestion that the absence of training certificates showed there had been no training.

On the grievance and disciplinary issues arising in 2017 and early 2018, the tribunal found that the respondent broadly followed a reasonable process, although there had been delay. It held that the claimant had contributed to that delay by using non-standard grievance channels and by repeatedly adding further grievances. It also found that the phishing email disciplinary process was fair, that the final written warning was a reasonable sanction, and that the attendance warning process was properly triggered by the claimant's absence record. The request that he return to work while off sick after suspension ended was treated as a genuine systems error rather than a breach of contract.

The tribunal held that the claimant's resignation email of 7 February 2018 was unequivocal and that the respondent acted reasonably in accepting it on 9 February 2018 after checking that he was safe. Applying the constructive dismissal authorities it cited, including Western Excavating, Malik, Omilaju, and Kaur, the tribunal concluded that there had been no fundamental breach of contract, no breach of the implied term of trust and confidence, and no last straw event that justified resignation. The constructive unfair dismissal claim was therefore dismissed.