Todd v Royal British Legion Crieff Branch Club — 2023

James Todd worked as Club Steward for the Royal British Legion Crieff Branch Club from 26 December 2013 until his resignation on 10 March 2023. He argued that a course of conduct by committee members, including an alleged comment in Spring 2022 about sweeping the car park, a critical remark in Autumn 2022 about the loss of the darts team, a brief exchange over tribute band tickets, comments made at a funeral tea on 17 February 2023, and remarks at a committee meeting on 7 March 2023, amounted to a repudiatory breach of the implied term of trust and confidence.

The tribunal rejected the Spring 2022 sweeping allegation, finding it more likely than not that the comment was not made. It found that the Autumn 2022 darts-team comment and the later ticket exchange were relatively minor. It accepted that the claimant was upset by the funeral-tea incident, including being told that he and the bar conveyor had been described as "fucking arseholes", but found that the remark was not made directly to him, was said in the context of TM being drunk and not acting in a committee role, and was not understood by the claimant as criticism on behalf of the committee.

As to the 7 March 2023 meeting, the tribunal found that LM's comment about complaints that the claimant was cheeky and rude was inappropriate because it was made where he could overhear it, but it was reasonable for a committee member to raise concerns about his conduct. The tribunal accepted that the exchange became heated and that the claimant walked out during his shift, but found that he later understood, after speaking to TH, DF and RB, that the committee did not agree with the way he had been treated and wanted to resolve matters. He nevertheless resigned on 10 March 2023 saying he intended to raise a constructive dismissal case. Applying the authorities on constructive dismissal, the tribunal held that the respondent had not acted in a way calculated or likely to destroy or seriously damage mutual trust and confidence, that there was no significant breach going to the root of the contract, and that the complaint was dismissed. No monetary award was made.