Mr Keith Hay v ’s Sister] Arnold Clark Automobiles Limited — 2023

Mr Keith Hay was employed by Arnold Clark Automobiles Limited as a valeter from 4 August 2008 and, by the time of the events in issue, was supervising the valeting team at the Kilmarnock branch. The tribunal found that Andrew Lloyd became general manager in October 2018 and was Mr Hay’s line manager. In late April 2022 Mr Lloyd saw what appeared to be four valeters standing around at about 8.00am on a Friday morning, when they were expected to be working from 7.30am, and he asked Mr Hay what the team had been doing. Mr Hay later said in his resignation email that he had been subjected to three months of “micromanaged” working and that a “final straw” occurred when he returned from holiday on 19 July 2022 and learned of Mr Lloyd’s treatment of colleagues in the valet bay.

The tribunal accepted that Mr Lloyd then increased his scrutiny of the valeting work and that this was unwelcome to Mr Hay. It also accepted that the situation could have been handled more tactfully, and that there had been a couple of customer complaints about vehicle cleanliness. However, the tribunal found that Mr Lloyd was entitled, as line manager, to oversee the valeting operation and to scrutinise the work in light of those complaints. It held that his conduct was neither calculated nor likely to destroy or seriously damage the relationship of trust and confidence, applying the implied term of trust and confidence and the authorities it cited, including Western Excavating, Mahmud, Leeds Dental Team and Omilaju.

The tribunal further held that the alleged final straw did not itself contribute to any breach of the implied term because it concerned Mr Lloyd’s interactions with other employees, not direct conduct towards Mr Hay. On that basis, the tribunal answered the constructive dismissal issues in the negative, held that the claimant had not been dismissed, and dismissed the claim. No remedy was awarded and the tribunal did not need to determine the alternative unfair dismissal or compensation questions set out in the issues list.