Mrs Michelle Griffiths v Glasswell & LAST Ltd — 2022

Mrs Michelle Griffiths worked for Glasswell & LAST Ltd as an Accounts Assistant. After the January 2021 management buy-out, her line management changed and Mrs Moody continued for a period as consultant to help with the transition. The claimant resigned on 25 November 2021 and alleged that a series of matters, taken together, amounted to a breach of the implied term of trust and confidence and forced her to resign. The tribunal approached the case as one of constructive dismissal and the central question was whether the respondent had behaved in a way calculated or likely to destroy or seriously damage trust and confidence, and if so whether there was reasonable and proper cause.

The tribunal rejected the claimant's principal factual allegations. It found that there had been no promised full-time role which was later withdrawn, that the respondent had supported her with training and workload changes, and that the holiday entitlement issue was being dealt with in a constructive way. It also found that the disputed language used by Mr Harris was not intended to offend, that the conflicting instructions about the invoice arose from genuine confusion within the newly managed business, and that the respondent's handling of the 29 October 2021 email was reasonable and supportive. The tribunal likewise held that the meeting arrangements in early November, including the later postponement after a further sick note, were flexible and supportive rather than dismissive of her concerns.

The tribunal made adverse credibility findings about the claimant, including her explanation for the similarity between her witness statement and Mrs Moody's statement and her account of the 9 November letter. It preferred the evidence of the respondent's witnesses and contemporaneous documents. It also found that the claimant had cleared her desk before sending her complaint email, had been looking for other work, and could not identify a final straw event that linked her resignation to any breach by the respondent. Applying the constructive dismissal principles it cited, the tribunal concluded that Glasswell had not breached the implied term of trust and confidence, so the resignation did not amount to constructive dismissal and the claim failed.