Ms Bradbury (counsel) For the v Mr Stanway (consultant) — 2022

Ms Jodie Smith began work for Hopkins Homes Limited on 14 September 2019 as a Field Sales Manager. The tribunal found that her early relationship with Mr Barnard was positive, but that management changed in 2020 when Mr Barnard was promoted and Ms Hanlon became her line manager. The claimant was furloughed during the Covid-19 pandemic, returned to site-based work, and later became subject to a more structured management style as sales targets and site performance pressures increased.

The tribunal accepted that the claimant perceived herself as being unfairly criticised, undermined and micro-managed after Ms Bullivant joined in October 2020, but it found that perception was not borne out objectively. It held that Ms Hanlon and Ms Bullivant were direct and robust managers who were trying to improve performance, not to single the claimant out or work against her. The tribunal found that several incidents, including the 2 November 2020 meeting, the April 2021 email exchange, and the 21 May 2021 telephone call, showed disagreements about working practices and performance feedback, but not conduct that was calculated or likely to destroy trust and confidence.

Applying the constructive dismissal authorities cited in the judgment, the tribunal found no breach of the implied term of trust and confidence and therefore no constructive dismissal within s.95(1)(c) ERA 1996. It also rejected the wrongful dismissal claim for the same reason. The claimant resigned on 28 May 2021 and later gave notice to terminate immediately on 11 June 2021, but the tribunal held that the respondent’s conduct did not amount to a repudiatory breach. The provisional remedy hearing listed for 13 January 2023 was cancelled.