Claimant v Asda Stores Limited — 2023

The claimant had worked for the respondent since 1998 as a Bakery Assistant. After difficulties with her supervisor, she raised a grievance alleging harassment and unfair treatment. The grievance was upheld, with findings including different treatment, failure to maintain a working relationship, lack of follow-through after mediation and complaints, and effects on the claimant's mental health. The Tribunal found that insufficient action was taken after the grievance: the claimant was moved from the bakery, recommended mediation did not take place, and actions in relation to the supervisor were not progressed.

The Tribunal also found that occupational health reports repeatedly recorded that the claimant did not feel supported and that her anxiety and depression symptoms related to occupational stressors. The respondent did not take action beyond indicating that she could use the Purple Room when anxious. On 8 August 2022, when the claimant used that room, she was told she could not be there and to return to the shop floor, which the Tribunal found was not an innocuous act and could amount to a final straw.

Applying the constructive dismissal authorities, the Tribunal concluded that the established matters, viewed cumulatively, breached the implied term of mutual trust and confidence and amounted to a repudiatory breach of contract. It accepted that the claimant resigned in response to that breach and found that she had not affirmed the contract. The complaint succeeded and compensation was awarded by way of a basic award, loss of earnings, and loss of statutory rights.