Mr Alan McDowall v Represented by: Ms A Buchanan - Solicitor Class One Traffic Management Ltd — 2022

Mr Alan McDowall brought a constructive unfair dismissal claim arising from the end of his employment with Class One Traffic Management Ltd after 18 years. The tribunal recorded that the claim was based on alleged breaches of the implied term of trust and confidence, pleaded as a cumulative "final straw" case under section 95(1)(c) ERA 1996. The tribunal reviewed the parties' evidence about the claimant's role as senior contracts manager, the sale of the business to Chevron, and the later workplace disputes.

The tribunal rejected the proposition that the company car discussions, exclusion from some takeover meetings, uncertainty around the business sale, and the absence of a pay rise amounted to contractual breaches. It found that the car replacement was still under negotiation, that there was no evidence the claimant had asked for a like-for-like replacement F-PACE, and that the claimant's exclusion from meetings did not undermine his position in any practical way. It also found no contractual obligation to award a pay rise.

On the standby rota incident, the tribunal accepted that Mr Murdoch used ill-judged language when the claimant withdrew at short notice, but it found there was a basis for his frustration and noted that both men apologised the next day. On the furlough allegation, the tribunal was not persuaded that the claimant had worked full-time while furloughed; it considered the receipts, email activity, passwords and witness evidence in the round and concluded that, at most, he may have done occasional minor tasks on his own initiative. The tribunal considered the July 2021 exchange about "bring ups" and the suggestion that the claimant would be "marked absent" to be unwise, but held that Mr Murdoch had a reasonable basis to ask what work had been done and that the incident was not, by itself, a repudiatory breach.

Applying the authorities it cited, including Western Excavating, Buckland, Malik, Kaur and Omilaju, the tribunal concluded that there were no acts, whether single or cumulative, that amounted to a breach entitling the claimant to resign. The unfair constructive dismissal claim was therefore dismissed. No monetary award was made.