Mrs S McLaughlin v Represented by: Mr W McParland - Solicitor Inverclyde Leisure — 2019

The claimant, a senior administrative assistant, resigned on 22 October 2018 after raising concerns about workload, invoice processing, banking duties, direct debits and the respondent's handling of her absence and occupational health. The tribunal found that she had not raised workload or stress concerns with management before 3 August 2018, and that earlier emails and daily team meetings did not amount to complaints that she was overworked or unable to cope.

After the 3 August and 15 August 2018 meetings, the claimant went off sick with work-related stress. The respondent referred her to occupational health on 22 August 2018 without first discussing the referral with her, contrary to its attendance policy, and the occupational health report of 3 September 2018 recommended two stress-management sessions before her return. The tribunal accepted that the respondent did not send the report to the claimant and that the follow-up sessions were not arranged, but found the respondent believed occupational health would send the report and contact her, and that it had been advised not to disclose the claimant's mobile number.

Applying section 95(1)(c) of the Employment Rights Act 1996 and the authorities cited, including Western Excavating and Malik, the tribunal held that none of the matters relied on, individually or cumulatively, amounted to a repudiatory breach of contract or a breach of the implied term of trust and confidence. It found the procedural failings around the occupational health referral and report to be minor rather than fundamental, and concluded that the claimant was not constructively dismissed. The claim was therefore dismissed.