Mrs Lucy Maira v Shaw Trust Limited (The) — 2025

The parties agreed that the claims were constructive unfair dismissal and unauthorised deduction from wages only, with the sick pay issue also addressed as breach of contract. The tribunal noted references in the documents to protected characteristics, but both parties confirmed that no discrimination claim was being pursued.

On constructive dismissal, the claimant relied on alleged breaches of the implied term of trust and confidence, including continued interaction with Mr Morgan, an alleged refusal of home working, an omitted link in an email, statements in an occupational health referral, alleged failure to implement a grievance outcome, and sick pay. The tribunal found that the respondent had taken significant steps to limit contact with Mr Morgan, that the alleged oral home-working request on 31 January 2024 had not been made, that the missing link was a slip later rectified, that the occupational health referral statements were not false as alleged, and that the grievance outcome had not been shown to have been unimplemented. It found no breach of the implied term, separately or cumulatively.

On sick pay, the tribunal found that the claimant's entitlement changed in July 2015 when she accepted a new role following a restructure, and that there was no evidence that the sole or principal reason for the change was the earlier TUPE transfer. The tribunal concluded that the claimant was entitled to two months' full pay and two months' half pay under the Prospects version 2 handbook, not the additional sick pay claimed. The breach of contract and unauthorised deduction from wages claim therefore failed.