: L Grime and J McCaig Mr J Kelly v Represented by: Ms P Abladey Barrister Prestonfield Golf Club — 2021

The claimant worked for Prestonfield Golf Club as a greenkeeper from 15 August 2008 until 22 September 2020. The tribunal accepted the evidence of the claimant, Mr MacKenzie, Mr Scott and Mr Deavy as credible and reliable, and preferred it to Mr Cowan's evidence on disputed matters. It found Mr Cowan's conduct at the 25 March 2020 furlough meeting was threatening, and accepted that during 8 to 10 June 2020 he dismissed concerns about broken-into lockers, swore at the claimant on the course, threatened to send him home without pay if he would not wash down machinery, and insisted on receipts before the claimant could remove his own tools.

On the constructive dismissal issue, the tribunal held that the conduct of the respondent, through Mr Cowan, taken cumulatively, amounted to a significant breach going to the root of the contract and a breach of the implied term of trust and confidence. It found the claimant had not affirmed the contract and that his resignation on 22 September 2020 was the last straw after he discovered he would still be reporting to Mr Cowan rather than Mr MacKenzie. It therefore held that he had been constructively and unfairly dismissed.

The tribunal dismissed the automatic unfair dismissal claim under s.103A ERA 1996 because it was not satisfied that the dismissal was principally because of protected disclosures. It upheld a detriment claim under s.47B ERA 1996 only for the 9 June 2020 threat to send the claimant home without pay if he refused to wash down the machine, finding that his statement that the task was illegal was a qualifying protected disclosure made in the public interest. For remedy, the tribunal awarded a basic award of £6,317.02, £500 for loss of statutory rights, and £7,000 for injury to feelings in the lower Vento band. It made no award for pension loss, found there was no ongoing loss since resignation, and said the recoupment regulations did not apply.