Mr Patrick O’Connor v Ltd (In Liquidation) — 2019

The claimant was employed as a support worker on a zero hours contract and worked substantial hours, mainly with one service user. The respondent reviewed hours after a change in sleepover pay and sought to reduce the claimant's hours with that service user, citing health and safety, continuity of care, cover difficulties during absence, and a move towards staff working an average of 60 hours per week. The tribunal found that the zero hours contract had not been replaced by a fixed-hours contract, although there was an understanding that the claimant was keen to work many hours and had acquired a regular pattern of work.

The tribunal found that removing some hours and one sleepover did not breach the claimant's contract. It also found no breach of the implied term of trust and confidence in the way the respondent handled the rota changes, grievance, grievance appeal, or absence management. The tribunal accepted that the respondent investigated the claimant's concerns, offered alternative work, and was prepared to offer a guaranteed 60 hours per week.

The claimant relied on the respondent not providing or responding about an occupational health report as the final straw. The tribunal accepted that the claimant did not receive the report as expected and that the respondent did not respond to his enquiries, but found this did not amount to a fundamental breach of contract. It concluded that the claimant resigned, was not dismissed, and dismissed the claim.