Cases3201032/2024

Claimant v Group 1 Retail Ltd

15 September 2025Before Employment Judge FreshwaterEast Londonremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found that the respondent did not breach the implied term of trust and confidence. Looking at the facts objectively, Mrs Plane had a robust and direct management style but did not bully or threaten the claimant. The claimant interpreted every interaction through the lens of being forced out, but there was no objective basis for this. The grievance was investigated fairly.

Wrongful Dismissalfailed

The claimant resigned giving one month's notice. Although entitled to 12 weeks' notice if dismissed, he was not wrongfully dismissed because he resigned and did not ask to work his full notice period. The respondent did not dismiss him or prevent him from working notice.

Facts

The claimant was a retail manager employed for 18 years. He alleged persistent bullying by his line manager, Mrs Plane, citing 11 incidents over 15 months including critical performance reviews, emails sent early in the morning, and allegedly being told he was untrustworthy. He kept a private journal and raised a grievance which was partially upheld on appeal. He resigned on 22 November 2023 giving one month's notice, claiming constructive dismissal.

Decision

The tribunal dismissed both claims. The tribunal found that Mrs Plane had a robust, direct management style but did not bully or threaten the claimant. The claimant interpreted ordinary workplace disagreements and performance management as bullying. The grievance was fairly investigated. The claimant resigned giving one month's notice and was not wrongfully dismissed.

Practical note

A manager's direct or robust style, even if perceived as critical by an employee, does not amount to a breach of trust and confidence where the manager is legitimately holding the employee accountable and there is no evidence of actual bullying or intimidation when assessed objectively.

Legal authorities cited

Western Excavating v Sharp [1978] ICR 221Malik v BCCI; Mahmud v BCCI [1997] 1 IRLR 462Leeds Dental Team Ltd v Rose [2014] ICR 94

Statutes

Employment Rights Act 1996 s.94(1)Employment Rights Act 1996 s.95(1)Employment Rights Act 1996 s.86

Case details

Case number
3201032/2024
Decision date
15 September 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Employment details

Role
Retail Manager
Service
19 years

Claimant representation

Represented
Yes
Rep type
barrister