Ms Alison Fergie v TUI UK Retail Limited — 2019

Ms Alison Fergie brought a constructive unfair dismissal claim against TUI Retail UK Limited arising from events at the Berwick store in 2018. The tribunal identified four matters relied on by the claimant: the handling of holiday bookings, the approach to cover for Margaret Attard’s maternity leave, the disciplinary process following a currency shortfall, and an audit/action plan visit said to be the last straw. The issue was whether those matters, individually or cumulatively, amounted to a repudiatory breach of contract entitling her to resign.

On the holiday issue, the tribunal found that Stephanie Curson had sent an email making clear that the holiday could be taken if it was logged correctly through the self-service system. The claimant had not read the email carefully and mistakenly treated the request as refused. On the maternity cover issue, the tribunal found that Steph Curson queried the amount and length of cover, but the claimant was able to show that the arrangement had already been approved by the then regional manager. The tribunal did not find evidence that this episode amounted to bullying or a breach of contract.

The tribunal accepted that the claimant admitted the disciplinary allegations and had no significant issue with the process. It found the investigation and disciplinary hearing to be thorough and fair, and noted that the claimant received a final written warning rather than dismissal. The follow-up audit on 15 November 2018 was also found to be a standard management step after the disciplinary process, not oppressive or a final straw. Although the tribunal accepted that Steph Curson managed the store more strictly than the previous regional manager, it characterised that as fair but firm management rather than conduct undermining trust and confidence. The resignation on 3 December 2018 was therefore not caused by a repudiatory breach, and the claim was dismissed.