Claimant v Medaax Limited
Outcome
Individual claims
The tribunal found that the employer had reasonable and proper cause to raise disciplinary concerns, even while the claimant was off sick with work-related stress. The concerns about unprocessed orders, communications with clients, and other matters were genuine and objectively justified. The employer's conduct was not calculated or likely to destroy trust and confidence - there was no intention to dismiss the claimant, reassurances were given, and the final written warning was downgraded to a written warning on appeal. The tribunal concluded that the disciplinary process, while perhaps not ideally timed, did not amount to a repudiatory breach of the implied term of trust and confidence.
Facts
The claimant worked as a Sales Executive for a textile manufacturing company for over three years. He became unwell with work-related stress in February 2024 after working 13 days straight. While off sick, the employer commenced a disciplinary investigation into performance and conduct concerns including unprocessed orders, inappropriate client communications, and GDPR breaches. The claimant raised grievances about the timing of the investigation while he was sick. The disciplinary process resulted in a final written warning, reduced to a written warning on appeal. The claimant resigned after raising a second grievance alleging harassment, which was rejected.
Decision
The tribunal dismissed the constructive dismissal claim. It found that the employer had reasonable and proper cause to raise legitimate concerns about the claimant's work, even while he was off sick. The employer did not intend to dismiss the claimant and gave reassurances to that effect. The sanction was reduced on appeal, indicating no threat to his employment. The tribunal concluded the employer's conduct was not calculated or likely to destroy trust and confidence.
Practical note
An employer does not breach the implied term of trust and confidence by commencing disciplinary proceedings while an employee is off sick with stress, provided there are genuine concerns and the process is handled fairly without any intention to force the employee out.
Legal authorities cited
Statutes
Case details
- Case number
- 6014142/2024
- Decision date
- 26 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Medaax Limited
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Sales Executive
- Service
- 4 years
Claimant representation
- Represented
- No