Mr. F Anedda v Oliveto & Olivo Ltd — 2025

Employment Judge Cawthray, sitting alone at London South by video on 1 and 2 July 2025, heard the claimant's complaint of unfair dismissal against Oliveto & Olivo Ltd, where he had been employed as Head Chef from 1 June 2004. The issues, agreed between the represented parties, were whether the claimant had resigned at a meeting on 25 January 2024, whether he was expressly or constructively dismissed, and, if constructively dismissed, whether a series of matters (criticism in a 7 July 2023 email about the aftermath of a fire at the Oliveto restaurant, criticism said to relate to bereavement leave, and offers of an alternative Pasta Chef role on 19 June, 21 July, 31 July 2023 and 25 January 2024) cumulatively amounted to a breach of the implied term of trust and confidence, with the 25 January 2024 meeting relied on as the last straw.

The tribunal found that the claimant resigned during the 25 January 2024 meeting. In the alternative, considering the constructive dismissal case, the judge found the 7 July 2023 email did not as a matter of fact criticise the claimant for taking bereavement leave, and that the comments made about his conduct following the fire were fair in the circumstances. The offers of the Pasta Chef role at the same basic pay, made after the claimant's usual place of work had been closed by fire, were not unreasonable, and nothing said at the 25 January 2024 meeting could be relied on as a last straw.

The judge concluded that neither individually nor cumulatively did the matters relied upon amount to a breach of the implied term of trust and confidence, and that the respondent had not conducted itself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence. Having found no repudiatory breach, it was unnecessary to consider the reason for the claimant's resignation. The claim of unfair dismissal was held not well-founded and was dismissed.