Mr CG Gordon v Ltd (In Liquidation) — 2019

The Claimant resigned after a disciplinary process, a grievance, and the appointment of a senior commercial manager above him in the Respondent's structure. He relied on a last straw case and alleged breach of the implied term of trust and confidence, including the events of 13 February 2019, the final written warning, the handling of the disciplinary and grievance processes, the further proposed investigation, and the appointment of Mr Kerr.

The Tribunal found aspects of the Respondent's conduct were unreasonable, including the confused disciplinary process, the failure to follow its own disciplinary procedure, the lack of advance discussion with the Claimant about Mr Kerr's appointment, and the lack of detail about a further investigation. However, it also found the Respondent had proper and reasonable cause for disciplinary action after the Claimant refused to attend a meeting with directors, for imposing a sanction, for delaying the appeal in light of the Claimant's subject access request position, and for creating the senior commercial manager role.

The Tribunal held that, taken as a whole, the Respondent had not acted without proper and reasonable cause in a manner likely to destroy trust and confidence. It also found that, even if there had been a breach by 3 April 2019, the Claimant affirmed the contract by continuing to engage in the internal procedures, including sending letters on 4 April. The Tribunal therefore concluded there was no dismissal within s95(1)(c) and dismissed the unfair dismissal claim.