Mr C McGregor v D Steven & Son Ltd — 2024

Mr C McGregor worked for D Steven & Son Ltd as an LGV driver from 10 October 2016. The tribunal found that by 1 October 2023 he had been moved onto yard duties at Bellshill with a 35-hour limit, which reduced his income by about 30 to 40%. It accepted his evidence that he had not been told clearly why this change was being made, and it found that the internal email to the depot saying the change was due to low volumes was untrue.

The tribunal accepted that the claimant had been off work with a kidney infection and essential hypertension and had repeatedly asked when he could return to driving. It found that the respondent did not give him a meaningful explanation that its position was that he needed to notify DVLA before driving again, and it noted that no occupational health or GP advice was sought to confirm the extent of the condition. When the claimant raised a grievance on 16 October 2023 about the lack of communication, the restricted hours, the loss of his dedicated vehicle and the effect on his earnings, the respondent acknowledged the grievance but did not arrange a meeting or otherwise engage with the substance of the complaint.

Applying s.95(1)(c) ERA 1996 and the authorities it cited on constructive dismissal, including the implied term of trust and confidence and the last straw principle, the tribunal held that the respondent's conduct cumulatively amounted to a repudiatory breach. It found that the claimant resigned because of that conduct and that the unfair dismissal claim succeeded. The tribunal also found that there was no continuing loss because the claimant obtained new employment quickly.

On remedy, the tribunal awarded a basic award of £3,969, calculated from seven full years of service and a gross average weekly wage of £567. It also awarded £600 for loss of statutory rights. The total award was £4,569.