Ms Elaine Binnie v The London Borough of Haringey — 2023

The claimant resigned from her role as HR Officer on 18 October 2022 and claimed unfair constructive dismissal, alleging that the respondent had committed repudiatory breaches of the implied term of trust and confidence. The alleged breaches concerned delay in the disciplinary investigation and report, failure to keep her updated, failure to deal with a grievance, and failure to progress an appeal within a reasonable time.

The tribunal found that the investigation took about nine months overall. It accepted some reasons for delay, including transcription issues and workload, but found the period from September 2021 to March 2022 was unreasonable and showed lack of urgency and professionalism. It also found the respondent failed to keep the claimant properly updated about the investigation. Taken cumulatively, those failings were sufficient to seriously damage the implied term of trust and confidence.

However, the tribunal found that the claimant had affirmed the contract by delaying her resignation, including after stating in June 2022 that trust and confidence had irretrievably broken down. It was also not satisfied that she resigned in response to the breaches found. The claim for unfair constructive dismissal was therefore dismissed, and the listed remedy hearing was vacated.