In person For the v Francesco Holding Ltd (in voluntary liquidation) — 2019

The tribunal accepted Mr Ridley's evidence over the respondent's written statements, noting that the respondent was in creditors' voluntary liquidation and did not attend. It found that he had worked for the business and its predecessor since 1993, and that by 2017 to 2018 his IT manager role had been substantially altered when duties such as website work, payroll, and other functions were removed and different office and bakery tasks were imposed.

The tribunal found that Mr Ridley did not agree to those fundamental changes. It accepted that he complained to Mr Hazlehurst and Mr Mathea in March and April 2018 about being marginalised and about the redistribution of his duties, but those concerns were not satisfactorily resolved. On the facts found, the respondent breached the implied term of trust and confidence by removing the essence of his duties and seeking to impose a new role without his consent.

Applying s.95(1)(c) ERA 1996 and Western Excavating v Sharp, the tribunal held that Mr Ridley resigned in circumstances amounting to constructive dismissal and that the dismissal was unfair within s.98 ERA 1996. It rejected the respondent's case that he had agreed to the changes or resigned because of any threatened disciplinary issue over the company phone.

On remedy, the tribunal awarded a basic award of £11,176, plus £450 for loss of statutory rights, £6,096 for notice, and £3,798.47 for losses to the hearing, making a total award of £21,520.47 for unfair dismissal. It separately upheld the breach of contract complaint for failure to pay notice money but made no additional award on that head because the notice period loss had already been included in the unfair dismissal compensation.