Claimant v ACG Auto Repairs Limited

Outcome

Facts

The claimant, a receptionist employed for over 5 years at a small family-run garage, resigned on 31 October 2024, giving one month's notice. She alleged she was constructively dismissed due to a July 2024 disciplinary process and three abusive comments allegedly made by the owner in October 2024. The tribunal found the disciplinary process was justified given longstanding interpersonal issues with a colleague and concerns about the claimant's attention to detail and disrespect towards management. The tribunal found the alleged abusive comments were not made, based on inconsistencies in the claimant's evidence, lack of corroboration, and implausible surrounding circumstances including her attendance at the owner's wedding shortly after.

Decision

The tribunal dismissed the unfair dismissal claim. It found the disciplinary process was justified and did not breach the implied term of trust and confidence. The tribunal rejected the claimant's allegations that abusive comments were made, finding her evidence unreliable and uncorroborated. Without any breach of contract by the employer, there was no constructive dismissal within s95(1)(c) ERA 1996, and therefore no basis for an unfair dismissal claim.

Practical note

Legal authorities cited