Mr A Corish v Mrs J Fish and 1 other — 2020

The claimant worked at the Applecross Inn from March 2016, returned in March 2017 without a fresh written contract, and lived in staff accommodation. The tribunal held that Rainstorm Limited, not Mrs Fish personally, was the employer. It also found that the claim against Rainstorm Limited had been presented out of time, although it proceeded to decide the substantive issues.

The claim arose after an altercation in staff accommodation on 6/7 April 2019 in which Mr Adam Illingworth assaulted the claimant. Mrs Fish and Ms Littlewood spoke to the claimant and Mr Illingworth over 7 and 8 April 2019. Mrs Fish offered the claimant a return to work on different shifts and suggested mediation; the claimant said he did not wish to return if he had to work with Mr Illingworth and later resigned. The tribunal accepted that the claimant was injured and that he did not want to continue working there, but it found that he resigned before allowing Mrs Fish to consider and implement any alternative arrangements.

Applying the constructive dismissal authorities it cited, including the implied term of mutual trust and confidence and the Western Excavating and Malik line of cases, the tribunal held there was no breach by the respondent at the point of resignation. It found this was not a last-straw case, that Mrs Fish had reasonable and proper cause to consider the incident as she did, and that the claimant resigned too soon. The tribunal also rejected the argument that there was an implied term entitling Ms Glover to remain in the staff accommodation, describing her presence there as a concession rather than a contractual right. The claim for constructive unfair dismissal was therefore dismissed.