Claimant v Together for Mental Wellbeing Limited

The tribunal found the respondent breached the implied term of trust and confidence by failing to follow fair procedure with regard to the claimant's grievance and failing to deal with it in a timely and appropriate manner. The claimant was entitled to resign and was constructively dismissed on 12 March 2025.

The claimant had insufficient continuity of service (less than two years) to pursue a claim for general unfair dismissal under sections 94 and 98 of the Employment Rights Act 1996 as required by section 108(1).

The claimant was entitled to one week's statutory notice pay but was not paid. The tribunal ordered the respondent to pay £449.66 representing one week's net pay.

The claimant's formal grievance dated 8 February 2025 did not satisfy the definition of a protected act under section 27 of the Equality Act 2010. No proceedings had been issued under the EqA, no evidence given in connection with EqA proceedings, nothing done for purposes of the EqA, and no allegations made that anyone had contravened the EqA.

The tribunal found the principal reason for dismissal satisfied section 100(1)(d) Employment Rights Act 1996. The claimant reasonably believed there were circumstances of serious and imminent danger he could not avert while required to work with his supervisor in whom he had no faith, in a dangerous working environment with mentally ill service users, where his grievance about the supervisor had not been addressed.

Withdrawn by the claimant at the hearing.

The claimant did not appear to have made any protected public interest disclosures and the claims for detriment and/or unfair dismissal in that respect were withdrawn at the hearing.