EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100219/2017 Hearing in Portree Sheriff Courthouse on 13, and November 2017 Employment Judge: M A Macleod (sitting alone) James Cameron v Scottish Hydro Electric Power Distribution plc — 2017

The claimant alleged that he had been constructively unfairly dismissed. The tribunal accepted that he had raised concerns in late 2014 about bullying, difficulty with equipment and tools, and his relationship with his manager at Kyle, and that those concerns were taken forward as a formal grievance. The grievance was investigated by an independent manager, witnesses were interviewed, and the claimant was offered mediation when the grievance outcome did not uphold his complaint about bullying.

The tribunal found that the claimant returned to work under Mr Murray after mediation and continued to work there for more than a year without further complaint about him. When he later resigned in July 2016, the tribunal held that the best evidence of his reason was his resignation email, which referred to his view that he could not return to Kyle because of the impact on his health. The tribunal found that this did not identify any breach of contract by the respondent and instead showed dissatisfaction with the position he was in, including the earlier grievance outcome.

Applying the constructive dismissal authorities, including section 95(1)(c) of the Employment Rights Act 1996 and Western Excavating v Sharp, the tribunal concluded that the respondent had not acted in a manner calculated or likely to destroy trust and confidence. It held that the grievance had been handled seriously, that the mediation process was reasonable, and that the respondent had also acted constructively in managing the claimant’s absences. The tribunal therefore found that there was no repudiatory breach, and the claim failed. No remedy was awarded.