Ms Mary Gifford v Represented by: Mr B Nichol Solicitor Shetland Care Attendant Scheme — 2019

Ms Mary Gifford had been employed by the respondent since 4 August 2003 as Manager/Co-ordinator. In April 2018 the board decided, without prior consultation with her, to change both her and Mrs Fraser to "Joint Co-ordinator" and to share duties and responsibilities. The tribunal found this was a material change to her terms and conditions, not merely a title change, and that no attempt was made to agree the new arrangements despite the appeal letter referring to shared duties and new contracts.

The tribunal also found that when the claimant went off sick on 30 July 2018 she had initially been paid full pay, that the respondent had adopted the Shetland Islands Council sickness policy providing six months' full pay and six months' half pay, and that there was no evidence she had been told the full-pay arrangement was discretionary. On 10 January 2019 the board decided to move her to SSP retrospectively from 1 December 2018. The tribunal held that this was a material breach of contract and also an unlawful deduction from wages.

The tribunal concluded that the cumulative events amounted to a breach of the implied term of trust and confidence and that the claimant resigned in response within 9 days, so she was constructively dismissed and unfairly dismissed. It rejected the section 104 claim, finding that the principal reason for the SSP decision was not the grievance or tribunal claim, but concerns about her work for another employer, the missed occupational health appointment, and the respondent's financial position. Remedy was a basic award of £7,181.55 and a compensatory award of £10,681.10, including agreed pension loss of £2,400 and net earnings loss to November 2019, plus £1,228.94 for unlawful deductions, making total monetary awards of £19,091.59.