Mr M Duffy v Renfrewshire Leisure Limited t/a OneRen — 2024

Mr M Duffy resigned from his role with Renfrewshire Leisure Limited on 27 April 2023, with his employment ending on 28 May 2023. He alleged that he had been constructively unfairly dismissed. The tribunal found the witnesses generally credible and treated the central issue as whether the respondent had committed a material breach of contract, whether by an express term or by breaching the implied term of mutual trust and confidence.

The tribunal held that events before the claimant’s return to work from illness in July 2022 were too remote to form part of a continuing course of conduct leading to resignation. It found that the grievance raised in April 2022 and discussed on 24 May 2022 had effectively been brought to an end when the claimant later said he wanted to return to work and start afresh, and that any earlier breach had in any event been waived. The period of absence between March and July 2022 was also treated as a break in any sequence.

The tribunal then focused on the three matters raised with Mr Coyle on 30 March 2023: alleged allowance of non-members into the gym, the recorded removal of two hours of TOIL, and the different working arrangements of Mr Mitchell. It found no breach in relation to the non-member issue, accepted that the TOIL issue was an error that was quickly clarified, and accepted that there were adequate reasons for Mr Mitchell to work some hours after the centre closed. Mr Coyle’s response to the claimant’s concerns was found to be reasonable and proportionate, including his offer to look into matters on his return from leave and his suggestion of transfer to a larger centre.

On that basis the tribunal held that the claimant had not proved a material breach of contract and his constructive dismissal claim failed. Because the claim failed at that stage, the tribunal said it was not necessary to consider in detail whether the claimant resigned promptly, whether any dismissal was fair under section 98(4) ERA 1996, or what compensation would have been payable.