Claimant v All Metal Roofing Limited

The tribunal found the claimant resigned due to his own poor mental health, a continued lack of trust, and his perception of a change in behaviour towards him by Mr Shenahan. The tribunal did not consider the claimant's view was reasonable or accurate. The resignation letter did not refer to any of the alleged breaches and did not give a reason at all. There was no fundamental breach of the implied term of trust and confidence.

The tribunal was satisfied that the claimant was not dismissed but resigned. The resignation was not in response to any fundamental breach of contract by the respondent. The claimant's resignation was due to his own mental health issues, lack of trust, and perception rather than any conduct by the employer.

The tribunal found the claimant was not dismissed but resigned. The tribunal dismissed all allegations of less favourable treatment related to disability. The respondent's actions were not because of the claimant's disability. The tribunal found no evidence that the share issues, exclusions from meetings, or performance management were related to the claimant's disability.

The tribunal found the claimant had not proved that there was a PCP of Mr Shenahan not being open in his communication with any staff. The tribunal could see no evidence that this placed the claimant at a disadvantage due to his disability. The PCP was not made out and the allegation was dismissed.