Member J Lindsay Tribunal Member J McCaig Mr A Santorum v Asda Stores Limited — 2023

The claimant resigned from his role as a security guard and relied on a series of matters as alleged breaches of the implied term of mutual trust and confidence, including rota and overtime issues, a 2019 contract change, requests to work in other departments, investigations or file notes arising from incidents, customer abuse incidents, protective clothing, and requests for right to work documentation during a DBS recall process.

The tribunal found that the claimant had agreed to additional hours, rota changes, and work in other departments, and that the 2019 contractual changes had been affirmed by his continued employment. It found the respondent had reasonable and proper cause for investigating customer complaints and raising policy concerns, that the claimant had not been denied suitable protective clothing, and that the request for further DBS or right to work documentation was routine and not a threat of dismissal. The tribunal concluded that the matters, individually or cumulatively, did not amount to a breach of the implied term of trust and confidence.

For the direct discrimination claim, the claimant relied on a belief in freedom of speech without retaliation. The tribunal accepted that the belief was genuinely held but found it lacked the required cogency and cohesion to qualify as a protected philosophical belief. It also found that the relevant managers did not know of the belief and that the treatment complained of was explained by business reasons and surrounding circumstances rather than the claimant's belief. The unfair constructive dismissal, breach of contract, and direct discrimination claims were dismissed.