Ms Natasha Cross v Represented by:10 Mr M Macleod - Citizens Advice Bureau Third Sector Hebrides — 2023

Ms Natasha Cross was employed by Third Sector Hebrides from 27 May 2019 until 17 November 2022, latterly as Finance and Administration Manager. The tribunal found that her role had been expanded in September 2021 to combine finance and administration duties, and that by 2022 her workload had increased as the respondent took on new charities. It accepted that she was finding the role demanding, but also found that Ms Tina Macleod had been raising performance issues over a number of months, had supported her through regular meetings, had arranged access to external accountants, and had introduced new accounting software and training to assist her.

The tribunal accepted that the parties discussed changing the claimant's role in three meetings on 20 October, 26 October and 8 November 2022. It found that Ms Macleod did not act aggressively or bully the claimant, and that the claimant was given time to consider the proposals. By the third meeting the parties had agreed that the claimant would focus on finance only, work three days per week, and receive a pro rata salary of £23,000 from 1 December 2022. When draft revised documents were sent on 9 November, the tribunal found Ms Macleod was entitled to send them because the key changes had already been agreed.

The claimant resigned on 15 November 2022 and said she had been harassed into changing her role and signing a contract she did not agree with. Applying the constructive dismissal principles discussed in Malik and Omilaju, the tribunal held that there was no material breach of the implied term of mutual trust and confidence, no failure to provide support or information, no improper refusal to use the respondent's performance process, no favouritism towards another employee, and no free-standing breach or last straw on 15 November 2022. The claim for constructive unfair dismissal was therefore dismissed.

In a postscript, the tribunal noted that the respondent had no contractual power to bring the employment to an end earlier by paying in lieu of notice after the resignation had been given, so the change of termination date to 17 November 2022 was technically a breach of contract. It held that point was academic for the unfair dismissal claim because it post-dated the resignation and the claimant was paid the balance of her notice period in any event.