Mr Scott Baptie v Mr Mark Hutchison — 2021

Mr Baptie, an HGV driver for 3D Transport, gave notice of resignation by text on 19 February 2021 after a discussion at the Tarmac site about a handle on the truck. The tribunal found that the effective date of termination was 26 February 2021 and that he resigned voluntarily. It did not accept that he had been dismissed or forced to resign, so the complaint under s.100 ERA 1996 of automatically unfair dismissal for health and safety reasons failed.

The tribunal considered the pleaded health and safety allegations under s.100(1)(d) and (e), together with the constructive dismissal authorities it cited, including Western Excavating and Lewis v Motorworld Garages. It preferred the respondent's evidence about the vehicle repairs, the claimant's daily checks, and the fact that concerns were not reported timeously. On that evidence, the tribunal held that the claimant had not established either a reasonable belief in serious and imminent danger or any fundamental breach by the respondent.

On pay, the tribunal accepted the respondent's account that wages were paid weekly and that the claimant had been paid for the two weeks of holiday over Christmas 2020. It found no unpaid wages, overtime, or holiday pay outstanding at termination. The tribunal also noted that the claimant's references to stress could not form part of an unfair dismissal compensatory award under Dunnachie. All heads of claim were dismissed and no compensation was awarded.