MR GARY GIBSON v Barnshaw Section Benders Ltd — 2026

Gary Gibson succeeded in his claim of constructive unfair dismissal against Barnshaw Section Benders Ltd. He had worked as a machine operator since 20 February 1989. He resigned on 14 June 2024, giving 12 weeks' notice, and his employment ended on 6 September 2024 after more than 35 years of service.

Following his father's death on 20 April 2024, Gibson took bereavement leave on 24–26 April. He received no pay for those three days in his wages on 3 May and was told that he would receive only one day's paid leave for the funeral. Although the respondent had no written bereavement leave policy, its usual practice was to allow three days at full pay. The tribunal found no reasonable and proper cause for departing from that practice in Gibson's case. It also found that no consideration of further paid leave had been communicated to him before his resignation.

Gibson submitted a grievance on 13 May 2024 and requested a meeting. It was acknowledged that day, but no meeting took place before he resigned, despite a telephone discussion on 22 May. The tribunal rejected the respondent's explanation that it was waiting for his return from sickness absence as a reasonable basis for the delay. The respondent had neither told Gibson that his grievance was on hold nor asked whether he could attend a meeting. The tribunal accepted that he could have attended with sufficient notice. After his resignation, Russell Barnshaw met him on 26 June, apologised for the handling of the matter and arranged payment for two weeks' compassionate leave.

Applying the implied term of trust and confidence, the tribunal found that the unpaid leave, the restriction to one paid day, the different treatment from colleagues and the handling of the grievance cumulatively amounted to a fundamental breach. The failure to arrange the grievance meeting was the last straw. Gibson resigned in response to that breach; the tribunal rejected suggestions that he resigned because of bereavement itself or to pursue his own business. Affirmation was not disputed, and the respondent did not advance a fair reason for any dismissal. The tribunal therefore did not need to decide whether a separate implied term entitled Gibson to three days' bereavement pay.

The tribunal limited earnings losses to three months because Gibson had failed reasonably to mitigate his loss. He made no job applications, joined no recruitment agencies and did not start his DIY and maintenance business until April 2025. The tribunal considered his health, age, work history, caring responsibilities and travel limits. Although the respondent supplied no evidence of suitable local vacancies, the tribunal assessed that reasonable efforts would have secured similarly paid work within about three months of early September 2024. It awarded £5,772 for lost earnings.

The total award was £22,969.78, comprising an agreed basic award of £15,834 and a compensatory award of £7,135.78. The compensatory award included the earnings loss, £215.07 for pension contributions and £500 for loss of statutory rights. Pension loss was assessed at £71.69 a month by averaging the parties' unsupported figures. A further £648.71 represented a 10% ACAS uplift for unreasonable delay in dealing with the grievance. In setting that percentage, the tribunal distinguished delay from a refusal to address the grievance. The recoupment regulations did not apply because Gibson had claimed no state benefits after dismissal.