Mr Simon Grimshaw v Ocado Central Services Limited — 2023

The claimant was employed by the respondent from 30 June 2014 until February 2019 and had been a USDAW representative. Following an incident on 27 December 2018 in which he slapped a colleague's bottom, he was suspended and a disciplinary process began. He submitted a grievance on 7 January 2019 and resigned on 17 January 2019. The tribunal considered a lengthy list of alleged acts said to amount to a breach of trust and confidence.

On constructive dismissal, the tribunal found that several alleged matters either occurred after resignation, were not established on the evidence, or did not amount individually or cumulatively to a breach of the implied term of trust and confidence. It also found, in the alternative, that any breach did not cause the resignation; the tribunal considered the disciplinary incident and its likely consequences to be the fundamental factors in the claimant's decision to resign.

On the trade union claims, the tribunal accepted that the claimant had taken part in trade union activities at an appropriate time, including representing colleagues and carrying out health and safety representative duties. It found, however, that the alleged matters did not amount to detriments and, in any event, were not done for the sole or main purpose of deterring or penalising him for trade union activities. It also found that the claimant was not dismissed for the purposes of the s152 claim.

On whistleblowing, the tribunal proceeded on the basis that some health and safety reports and information about overloaded vans were protected disclosures. It found that the alleged detriments were not established, were unclear, predated relevant disclosures, arose from other matters, or had no connection with the protected disclosures. It found no basis that protected disclosures were the principal reason for dismissal or a material factor in any detriment, and dismissed all claims.