Claimant v Mitchells & Butler Retail Limited

Although the tribunal found the respondent's disciplinary process had serious shortcomings (failure to provide detailed particulars of allegations, deficient investigation process) constituting a breach of the implied term of trust and confidence, the claimant failed to establish the necessary causal link between this breach and his resignation. The tribunal found that the effective cause of resignation was the claimant's desire to avoid dismissal for gross misconduct, not the procedural deficiencies. There was no substantive evidence that the manner in which the disciplinary process was conducted caused the claimant to resign.

The claimant alleged he was coerced into resigning by being pressured during adjournments in the disciplinary hearing. The tribunal found no substantive evidence of coercion. The only person who expressed any view was Iain Clegg who, when asked for advice, gave his honestly held opinion that the evidence could result in gross misconduct dismissal. The tribunal found expressing an honestly held opinion when asked did not constitute duress, and there was no apparent reason why the respondent would wish to coerce the claimant who had previously been held in high regard.

The wrongful dismissal claim fell away automatically because the tribunal determined that the claimant was not dismissed at all, but rather resigned of his own volition. As there was no dismissal, there could be no wrongful dismissal.