Mr Steven Campbell v Represented by: Ms S Brown – Lay Representative CBES Limited — 2022

Mr Steven Campbell worked first for Integral UK Ltd, then KB Refrigeration Ltd, and then CBES Ltd following TUPE transfers. The dispute concerned private fuel reimbursement and tax on company fuel. The tribunal found that the fuel reimbursement arrangement came from Integral's handbook policy, which was expressly described as non-contractual and subject to withdrawal or variation, and that the claimant continued to use a fuel reimbursement scheme after his transfers.

After the claimant transferred to CBES, he retained a company car and fuel card, but the respondent would not adopt the same method used by KB for declaring that he had no fuel benefit. The tribunal accepted that the respondent offered options including returning the fuel card, moving to a van, or continuing with the status quo and being responsible for tax as required. It found that the respondent was not obliged by contract to preserve the claimant's previous opt-out arrangement.

On the constructive dismissal claim, the tribunal applied the Western Excavating approach and section 95(1)(c) ERA 1996. It held that there was no significant breach going to the root of the contract because the opt-out arose from a non-contractual policy, so the respondent could vary or withdraw it after TUPE. The tribunal also found that, even if there had been a breach, the claimant delayed too long before resigning: he knew of the tax issue in June 2020, and by about 3 February 2021 he knew the respondent would not resolve matters as he wished, but he did not resign until 23 August 2021.

The breach of contract claim failed for the same reason. The tribunal held that there was no contractual term creating a right to opt out of fuel benefit on the basis contended for by the claimant, so there was no breach and no liability in damages. Both claims were dismissed and no award was made.