Dawn Mcnee v Whitakers Estate Agents Limited Heard: by CVP in the North East Region — 2024

Dawn Mcnee worked for Whitakers Estate Agents Limited from 1 September 2020 until 28 August 2023 as a Senior Residential Sales Valuer. At a preliminary hearing on 4 January 2024 she withdrew her disability discrimination complaint; the judgment records that a dismissal judgment was issued on that claim. The final hearing therefore addressed constructive unfair dismissal and unauthorised deduction from wages.

Applying s.95(1)(c) ERA 1996 and the implied term of trust and confidence, the tribunal rejected the nine alleged breaches advanced by the claimant. It found that Louise Mennell had not made the alleged derogatory remark on 15 June 2023, that Andrew Whitaker's letter saying he would assume resignation was harsh but not a breach in context, that the temporary removal of email and IT access was a business-protective measure, and that requiring the claimant to return to the Sutton branch was reasonable because it was her normal workplace. The tribunal also found it was reasonable to ask her to consider apologising after comments she made about colleagues, that the respondent had not ignored her complaints about Ms Mennell, that the 24 July meeting was heated but did not amount to a breach, that the comment about her being in the right frame of mind had context, and that there had been no four-day failure to contact her.

Looking at the respondent's conduct cumulatively, the tribunal held it was not calculated or likely to destroy or seriously damage trust and confidence and that it had reasonable and proper cause. The constructive unfair dismissal claim was dismissed. On wages, the tribunal found that the claimant was entitled to July commission of £475 and an August quarterly bonus of £26.64, making £501.64 in total, but was paid only £129.46. It held that the resulting shortfall of £372.18 was an unauthorised deduction from wages and ordered the respondent to pay that sum.