C Lucas Members: Mr J McElwee Mr W Muir Mrs Susan Woods v Represented by:15 Mrs M S McJannett – Solicitor Milngavie Golf Club — 2017

Mrs Woods had been employed by Milngavie Golf Club since 4 January 1995 as Secretary/Treasurer. After the Club Master, Mr Park, left in August 2015, she took on some of his former tasks as well as her own work, but the tribunal found that these additional tasks were not instructed by the respondent and were largely self-assumed. The management committee knew she was doing extra work, made limited efforts to stop her doing bar and catering tasks, and did not issue updated terms and conditions. She also became the club's Personal Licence Holder after agreeing to do so on the basis that she would have authority as line manager for bar staff.

The tribunal found that Mrs Woods first raised concerns informally with Mr Sim in early May 2016. Mr Sim then emailed the chairman saying the club had a serious workload problem and warning of the risk of constructive dismissal. The chairman met Mrs Woods on 5 May 2016 and told her to stop doing work better done by bar or catering staff and to delegate those tasks, but she rejected those suggestions. Mrs Woods later sent an email on 23 May 2016 resigning with one month's notice, making 10 June 2016 her final working day.

The tribunal held that the effective cause of her resignation was her perception that she was about to be asked to make follow-up marketing telephone calls to local businesses. It found that she had never actually been asked to do that work, and in any event such work would have fallen within her Secretary/Treasurer remit. Applying the authorities it cited, including s.95(1)(c) ERA 1996, s.98 ERA 1996, Western Excavating, Walker v Josiah Wedgwood, Nottinghamshire County Council v Meikle, Jones v F Sirl, and Sovereign House Security Services v Savage, the tribunal concluded that there had been no repudiatory breach by the respondent and therefore no constructive dismissal. The claim was dismissed and no remedy was awarded.