Mr I Campbell v Lidl Great Britain Limited — 2025

The claimant resigned during an ongoing disciplinary process following a complaint of sexual harassment made by another employee. He alleged that Lidl breached the implied term of mutual trust and confidence through the reduction of his pay to statutory sick pay while suspended and off sick, the length and conduct of the disciplinary investigation, alleged flaws in that investigation, the handling of his sick pay grievance, and the decision to deal with his second grievance as part of the disciplinary process.

The Tribunal found no evidence that the respondent or its managers acted with the purpose of destroying or seriously damaging the employment relationship. It rejected the claimant's suggestion that he had been targeted, finding that the earlier investigations relied on by him were separate matters, did not lead to disciplinary action, and did not support the alleged targeting in this case.

The Tribunal found that paying statutory sick pay during sickness absence while suspended was consistent with the claimant's contract and the respondent's disciplinary policy, and that the investigation timescale was reasonable given the number of witnesses. It found that the matters relied on as alleged flaws in the investigation did not show that the process was flawed to the extent alleged, and that the respondent had reasonable and proper cause to address the second grievance within the disciplinary process.

Considering the individual matters and the alleged last straw case cumulatively, the Tribunal held that the Malik test was not met. It found there was no fundamental breach of contract, so the claimant was not dismissed within s95(1)(c) ERA 1996, and the unfair dismissal complaint was dismissed.