Claimant v Respondent — 2026

Miss Nicole Sheila Whyatt claimed constructive unfair dismissal under section 95(1)(c) of the Employment Rights Act 1996, alleging that Cygnus Enterprises Ltd's handling of her grievance and appeal breached the implied term of trust and confidence. The Tribunal found that the grievance investigation was inadequate: relevant allegations were not put in detail to witnesses, some discussions were not recorded, existing interview notes and supporting documents were not supplied to the claimant, and the appeal was not progressed after she agreed to proceed.

The Tribunal held that, viewed cumulatively, the handling of the grievance and appeal amounted to a material breach of contract which seriously damaged or destroyed the relationship of trust and confidence. It found that the claimant was entitled to resign in response to that breach.

The Tribunal nevertheless held that the claimant affirmed the contract. She gave three months' notice on 30 September 2025, submitted fit notes and received statutory sick pay from the respondent during October and November, while working for another employer from approximately mid-October without informing the respondent or her GP. Considering those matters together, the Tribunal found that affirmation had occurred, so the claimant was not dismissed within section 95(1)(c). The constructive dismissal claim was dismissed, and no remedy was awarded or assessed.