Member I Ashraf Tribunal Member M McAllister Mr Paul Chateau v Dumfries and Galloway Health Board — 2022

Mr Paul Chateau brought a constructive unfair dismissal claim arising from the respondent’s handling of a long-running capability process, disciplinary investigations, grievances and his suspension. The tribunal found that the claimant resigned on 28 November 2019 with effect from 31 December 2019 after the respondent offered mediation and he regarded that as the final straw, but it held that the respondent’s conduct as a whole did not amount to a repudiatory breach of contract.

The tribunal accepted that there had been lengthy delays, administrative errors and an unusual period of suspension, and that the claimant had been frustrated by how the respondent handled grievance G129 and later grievances G155, G157, G158 and G175. It also accepted that some matters were delayed without clear explanation, including part of the grievance process, and that the overall process was protracted. However, it found the respondent had reasonable and proper cause for the steps it took, including investigating conduct concerns, dealing with grievances sequentially where there was overlap, maintaining suspension while investigations were ongoing, and later trying to map out how outstanding issues should be progressed.

The tribunal held that the respondent’s handling of grievance G129, including the eventual first and final stage grievance process, did not cross the Malik threshold. It found that the respondent was genuinely trying to resolve matters and to preserve the employment relationship, and that the later offer of external mediation in November 2019 was an attempt to find a way forward rather than conduct showing that the respondent had abandoned the contract. Although the claimant saw that proposal as a further delay, the tribunal held that it was not a fundamental breach. It therefore dismissed the unfair dismissal claim and did not need to consider remedy.