Ms A Brannigan v Ministry of Defence — 2021

The claimant resigned after alleging a course of conduct said to breach the implied term of trust and confidence, including changes to duties, insufficient work, management conduct, delay in occupational health referral, handling of trade union contact, being sent home on 10 May 2019, proposed misconduct investigation, and exchanges on 13 May 2019 about self-certification. The Tribunal preferred the respondent's evidence on the disputed matters and found that the claimant's duties had not been changed, that work and training were provided, and that the supervision and management steps were reasonable and supportive in the circumstances.

The Tribunal found that Mr Lynch's references to the claimant's welfare and possible mental health support were made because of genuine concerns about her emotional state, and that the occupational health referral was not unreasonably delayed. It also found that the claimant had not been blocked from seeking a move, that enquiries about her absence while meeting a trade union representative were reasonable, and that asking other staff to leave the open-plan office before sending her home was reasonable after she declined to go into Mr Lynch's office.

The Tribunal treated the 13 May 2019 exchanges about self-certification as the alleged last straw. It found that the claimant was on site at RAF Lossiemouth when she sought to self-certify and that Mr Lynch acted on HR advice. Viewed objectively, the events individually and cumulatively were not conduct calculated or likely to destroy or seriously damage trust and confidence without reasonable and proper cause. The claimant was therefore not constructively dismissed and had resigned voluntarily. The Tribunal also refused the claimant's application for anonymity after applying the open justice balancing exercise.