Claimant v Caledonian Automatic Transmissions Ltd
Outcome
Individual claims
The tribunal found the claimant was constructively unfairly dismissed. The respondent committed a fundamental breach of the implied term of trust and confidence on 24 February 2025 by suspending the claimant without reasonable cause after a meeting lasting only seconds. The meeting on 25 February, though not itself a fundamental breach, was a final straw event showing a wholly closed mindset dismissing the claimant's concerns. The claimant resigned on 28 March citing these meetings as factors and did not affirm the breach.
The respondent conceded a failure to provide the claimant with a statement of terms and conditions of employment under Section 1 of the Employment Rights Act 1996. The tribunal awarded three weeks' pay (£1,860) as just and equitable, recognising the wholesale failure but also that the respondent is a small organisation that has since taken steps to address the issue.
Facts
The claimant, a mechanic specialising in automatic gearboxes, was involved in an altercation on 21 February 2025 with a colleague, Mr Galloway, during which all parties, including owner Mr Tierney, swore at each other. The claimant was suspended that day and again on 24 February after a meeting lasting seconds when he did not take full responsibility. A further meeting on 25 February was pitched as a resolution meeting but the owners had a wholly closed mindset, dismissing the claimant's concerns about Mr Galloway's role in the altercation and previous threatening behaviour. The claimant went on sick leave and resigned on 28 March 2025 citing these meetings, the suspensions, bullying, and lack of a fair attempt to resolve matters.
Decision
The tribunal found the claimant was constructively unfairly dismissed. The suspension on 24 February without reasonable cause after a seconds-long meeting was a fundamental breach of trust and confidence. The closed mindset meeting on 25 February was not itself fundamental but constituted a final straw. The claimant resigned in response to these breaches and did not affirm the contract. The tribunal awarded £3,100 basic award, £8,689.22 compensatory award, and £1,860 for failure to provide written particulars. No reductions were applied for Polkey, contributory fault, or ACAS breaches.
Practical note
Suspension of an employee without reasonable cause, particularly after a perfunctory meeting where the employer has already made up their mind, can constitute a fundamental breach of trust and confidence sufficient for constructive dismissal even in a small business without formal HR processes.
Award breakdown
Award equivalent: 22.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8001363/2025
- Decision date
- 23 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Mechanic
- Salary band
- £30,000–£40,000
- Service
- 5 years
Claimant representation
- Represented
- No