In person with Mr Tavernier For the v Respondent — 2018

The claimant had worked for the respondent since 1999 and was absent from work from September 2017 because of musculoskeletal pain. The tribunal found that the respondent arranged occupational health input and return-to-work meetings while she was on annual leave between 1 April and 22 May 2018, and that some of the correspondence sent during that period was not ideally worded, but this did not amount to a breach of contract.

The tribunal rejected the constructive dismissal case. It found no conspiracy to remove the claimant, no serious impropriety in the handling of the return-to-work process, and no contractual breach in the respondent's contacting her during leave, arranging a stage-two sickness meeting, or dealing with the grievance as it did. Even where the tone of a letter was inappropriate, any breach would have been minor and would not have justified resignation.

After the meeting on 23 May 2018 the claimant returned to work and the tribunal found that relations improved. She resigned on 25 June 2018 with effect from 31 August 2018 so that she could take annual leave and maximise her NHS pension. The tribunal held that, in any event, she had affirmed the contract by continuing to work for more than a month after the last incident relied on, so any constructive dismissal claim failed. The separate unlawful deduction of wages claim was withdrawn because there were no unauthorised deductions.