Mr R Gordon v Represented by: Ms A Buchanan - Solicitor European Circuits Limited — 2019

Mr R Gordon was employed by European Circuits Ltd as a machine operator from 1 July 1999 until 21 June 2018. The tribunal found that in January 2015 the respondent reduced his hours from 38 per week to 15 per week without consultation and without any contractual right to do so. It also found that the respondent issued verbal and written warnings in 2015 without a proper procedure, and that Mr Briscoe repeatedly criticised the claimant's work in an intimidating manner while Mr Christison failed to take steps to protect him when concerns were raised.

The tribunal accepted that on 13 and 14 June 2018 Mr Briscoe again confronted the claimant about quality issues and that the claimant left work on 14 June because he had become unwell from work-related stress, not because he was resigning. It found that the claimant had made that clear before leaving and that, by 18 June 2018, the respondent had received a fit note confirming that he was unfit for work. The tribunal held that Mr Briscoe's letter of 18 June 2018, which rejected the fit note, accused the claimant of gross industrial misconduct and sought his resignation, was unjustified and effectively required him either to return while medically unfit or resign. It also found that the accompanying note misrepresented the 14 June conversation because Mr Christison had signed it as if he had heard words of resignation when he had not.

Applying Western Excavating, Malik, Kaur and the other authorities cited in the reasons, the tribunal concluded that the respondent's conduct amounted to a course of conduct calculated or likely to destroy or seriously damage trust and confidence. It held that the claimant resigned in response to the 18 June 2018 letter and was entitled to do so, so the constructive dismissal claim succeeded. The tribunal found the dismissal was unfair under s.98(4) ERA 1996 because the respondent did not act reasonably in treating the claimant's conduct as a sufficient reason for dismissal. It awarded a basic award of £9,336, a compensatory award of £14,706.48 made up of loss of earnings, pension loss and loss of statutory rights, and a total award of £24,042.48. The separate s.103A automatic unfair dismissal claim was dismissed.