Mrs Shelley Gill v Ltd (In Liquidation) — 2022

The Tribunal considered whether the respondent had, without reasonable and proper cause, acted in a way calculated or likely seriously to damage or destroy the relationship of trust and confidence. It accepted that the claimant was genuinely distressed and that some matters, including the removal of access to parts of Teams on 22 February 2022, had caused material distress and were not handled appropriately. However, it found that many of the claimant's allegations, including bullying, gaslighting, threatening behaviour and micro-management, were not made out on the evidence.

The Tribunal found that the respondent had reasonable and proper cause for several actions complained of, including changes to working arrangements, the instruction about initial client contact, and the investigation into potential data access and outside work issues. It found that the 22 February 2022 Teams access decision was wrong and close to the threshold, but did not amount either alone or cumulatively to a repudiatory breach of the implied term of trust and confidence.

In the alternative, the Tribunal held that if there had been a repudiatory breach, the claimant had delayed too long before resigning and had acquiesced in law. She resigned on 8 May 2022 after receiving and accepting a new job offer on 27 April 2022. The Tribunal therefore held that there was no dismissal under section 95(1)(c) and dismissed the claim.