Ms Angela Kemp v Represented by:15 Mr Chalmers, Partner Aberdeenshire Council — 2022

Ms Angela Kemp brought a claim that she had been unfairly constructively dismissed by Aberdeenshire Council. The tribunal heard evidence about earlier workplace friction involving Mr Hunter and Ms Scott, an incident in 2018 that led to mediation, and the events in 2020 when the claimant was suspended over alleged breaches of Covid regulations. The tribunal accepted that the claimant had found the process upsetting and that her health deteriorated, but it found that the respondent had acted in line with its procedures and with reasonable and proper cause.

On the evidence, the tribunal preferred the respondent witnesses where there was conflict. It found that the council had dealt with the 2018 difficulties through mediation, that Mr Gray was entitled to treat the 23 March 2020 altercation between Mr Hunter and a mechanic informally, and that the claimant’s suspension in May 2020 was justified by the information available about her conduct during the first lockdown. The tribunal also accepted that there was a minor procedural failing in not nominating a specific contact person at the point of suspension, but it held that this did not amount to a breach of the implied term of trust and confidence.

Applying section 95(1)(c) ERA 1996 and the authorities on constructive dismissal, including Western Excavating v Sharp, Woods v WM Car Services and Omilaju, the tribunal held that there was no fundamental breach of contract and no cumulative course of conduct capable of amounting to a breach of the implied term. It found that nothing at the facilitated meeting on 11 February 2021 could amount to a last straw. The claimant resigned on 18 February 2021, but the tribunal concluded that she was not entitled to resign without notice by reason of the respondent’s conduct. The claim was therefore dismissed and no award was made.