M Robison Mrs K Leonard v Represented by Ms D Flanagan South Lanarkshire Council — 2018

Mrs Leonard resigned from her part-time head of establishment post at Ballerup Nursery Centre on 14 August 2017, with her employment ending on 13 September 2017. Her complaint was that South Lanarkshire Council had failed to fill the other half of the post and had not provided interim cover, which she said left her carrying a full-time workload in part-time hours and damaged the relationship of trust and confidence.

The tribunal accepted that she felt increasing pressure and anxiety, particularly because of her earlier experience at Rigside, but found that she did not communicate those concerns to the respondent until the end of July and beginning of August 2017. It also accepted the evidence of the respondent's witnesses that the nursery was running well in the circumstances, that Ms Tod was keeping Mrs Leonard informed, and that the respondent was taking reasonable and speedy steps to try to fill the vacancy.

Applying the constructive dismissal test, the tribunal held that the respondent's conduct, viewed objectively, was not calculated or likely to destroy or seriously damage trust and confidence and was not conduct that Mrs Leonard could not reasonably be expected to put up with. It found that the apparent delays were explained by recruitment and budget procedures, that there was a rational operational decision not to put interim cover in place before resignation, and that Mrs Leonard resigned too quickly to give the respondent a proper opportunity to address her concerns. The tribunal therefore found no breach of the implied term of mutual trust and confidence and no constructive dismissal.

Because there was no dismissal in the relevant statutory sense, the claim for unfair dismissal failed and was dismissed. No monetary award was made.