Mr D McCue v Coldside Medical Practice — 2024

Mr McCue worked as practice manager from June 2018 until he resigned on 1 July 2024 with notice to 9 October 2024. He said he had been constructively dismissed because the practice gave him little support, involved him in partner disputes, changed his duties, outsourced bookkeeping and payroll, and treated him aggressively at meetings on 5 and 11 June 2024. The tribunal preferred the respondent's witnesses and contemporaneous documents and found that he had in fact been supported, given autonomy, and funded to undertake an MBA, and that he had not been required to mediate partner conflicts.

The tribunal found that the 5 June and 11 June 2024 meetings were not aggressive or disparaging as the claimant alleged. It accepted that concerns had arisen about the claimant's handling of practice finances, including the gym membership, mobile phone payments, an amended expenditure limit, and the bookkeeping arrangements, and held that the decision to outsource bookkeeping was a legitimate response to those concerns. Applying the constructive dismissal authorities cited in the judgment, the tribunal held there was no repudiatory breach, whether individually or cumulatively, and that the reasons given in the resignation letter were inconsistent with the claim.

On protected disclosures, Mr McCue alleged disclosures about the use of Scottish Government sustainability loan monies and about the recruitment of his successor. The tribunal found that he had not made a qualifying disclosure of information, had not shown a reasonably held belief that the matters were in the public interest, and had not identified conduct falling within section 43B ERA. It also found that his concerns about the recruitment process were obstructive and, in part, dishonest. Because no protected disclosure was established, the alleged detriments were not made out; the tribunal also held that the early termination of employment, the updated reference, and the other challenged acts were justified in light of the concerns it had found.