In person For the v Respondent — 2020

The claimant worked for the respondent from 10 February 2014 until her resignation took effect on 11 October 2019, most recently as Lettings Manager at the Welwyn Garden City branch. The hearing arose out of a dispute about Christmas leave arrangements at that branch and an incident on 10 September 2019 between the claimant and the sales manager, Mr Tona, after which Mr Melvin Wright's complaint led to a written warning dated 11 September 2019. The claimant originally advanced a constructive dismissal claim, an unfair dismissal claim and an unpaid commission claim, but she withdrew the commission claim at the start of the hearing after saying only £30 remained outstanding.

The tribunal found that the claimant resigned in response to the written warning, even though her resignation email and letter did not expressly say so. It accepted that the warning was the trigger for her decision, based on her oral evidence, the short time between the warning and resignation, and the content of her ET1. The tribunal also found that the warning had been issued without any discussion with the claimant about the allegation or any investigation of her account, so she was given no opportunity to explain herself before a disciplinary sanction was imposed.

On that basis the tribunal held that the respondent had breached the implied term of trust and confidence, particularly because its own disciplinary procedure contemplated informal resolution and investigation before formal action. It therefore held that the claimant had been dismissed within section 95(1)(c) ERA 1996 and that the dismissal was unfair. The claimant's use of the words "oh fuck off you nonce" during the dispute justified a 25% reduction in both the basic award and compensatory award.

For remedy, the parties agreed the basic award calculation by reference to five full years' service and a weekly wage of £525, producing a basic award of £1,968.75 after the 25% reduction. The tribunal accepted that the claimant had mitigated her loss by seeking work immediately and by obtaining new employment quickly, with only a five-day gap after garden leave. It assessed her net loss, applied the 25% reduction, grossed the figure up, and awarded a compensatory award of £5,739.81. It made no order on the separate mileage claim because there was insufficient evidence to determine it reliably.