F Mulji v Dundee Age Concern — 2026

F Mulji alleged constructive unfair dismissal, relying on alleged bullying by care assistant RH from March to September 2025 and an alleged failure by Dundee Age Concern to take reasonable steps to investigate her concerns. The tribunal found that there were significant issues in the working relationship, but that RH had not bullied Ms Mulji.

After both employees raised concerns in July 2025, the respondent arranged mediation, which improved the relationship for several weeks. When Ms Mulji raised further concerns in September, the respondent proposed another mediation, which she declined; she had not then requested an investigation or provided specific examples. She submitted a written grievance on 23 September and resigned with immediate effect on 24 September without waiting for a response. The respondent arranged grievance meetings before becoming aware of her resignation, later investigated both employees’ grievances, and invited Ms Mulji to withdraw her resignation, which she declined.

Applying the objective test for repudiatory breach, the tribunal found that the respondent’s use of mediation was reasonable and that it could not reasonably have responded more quickly to the written grievance. There was neither a one-off act nor a continuing course of conduct calculated or likely to destroy or seriously damage mutual trust and confidence. Ms Mulji therefore did not resign in response to a repudiatory breach, and her constructive unfair dismissal complaint was dismissed. Although the tribunal recorded net earnings shortfalls of £1,134 in October 2025 and £884 in November 2025, no monetary award was made.