Mr Gary Mobbs v Weetabix Limited — 2023

Mr Gary Mobbs had worked for Weetabix since 1993 and was in a senior health and safety role. His relationship with his line manager, Mr John Petre, deteriorated after Mr Mobbs raised concerns about Mr Petre’s conduct. The tribunal found that Mr Petre used offensive, unprofessional and abusive language on several occasions, including swearing at or about colleagues and speaking in a humiliating way, and that this behaviour was contrary to Weetabix’s Dignity at Work Policy. The tribunal held that, viewed objectively, this pattern of behaviour was likely to destroy or seriously damage trust and confidence and was not justified by Mr Petre’s management style or by any apology.

The tribunal then considered Weetabix’s handling of Mr Mobbs’ grievance. It found no problem with the initial appointment of Mr Benham, but held that Ms Morton’s investigation was not carried out within the band of reasonable responses. The tribunal found an unexplained delay in interviewing witnesses named in the grievance, that the investigation lacked balance, and that the outcome letter did not reflect the evidence gathered. It also found that the grievance outcome misapplied Weetabix’s own Dignity at Work Policy by focusing on Mr Petre’s intent rather than the effect of the conduct.

The tribunal further found that the appeal process was handled informally, without notes being taken at meetings, and that the appeal outcome did not deal with all the issues raised in Mr Mobbs’ appeal. It held that this appeal stage was outside the band of reasonable responses and likely to seriously damage trust and confidence. The tribunal also found that delays and lack of transparency in the occupational health referral process were due to Mr Benham’s errors and were sufficiently serious to contribute to the breach. Although the promotion of Mr Petre while the grievance was ongoing was likely to damage trust and confidence, the tribunal held Weetabix had reasonable and proper cause for that decision because the role had to be filled.

Taking the events together, the tribunal concluded that Weetabix breached the implied term of trust and confidence. It held that Mr Mobbs resigned within a reasonable period, without affirming the contract, and that he resigned in response to the breaches found. The tribunal therefore held that he was constructively dismissed. A remedy hearing was ordered for a later date.