Claimant v Stagecoach Cumbria and North Lancashire Limited
Outcome
Individual claims
The tribunal found that the respondent's actions did not constitute a fundamental breach of the implied term of trust and confidence. Mr Norbury's handling was guided by the claimant's wishes to deal with matters informally and attempt mediation, and when the full circumstances became known, he encouraged formal proceedings. The claimant also affirmed the contract by remaining employed for over four months after the alleged breaches, continuing to receive sick pay, and engaging with the grievance and appeals process before resigning.
Facts
The claimant, a bus driver, resigned claiming constructive dismissal after being bullied by colleagues following unfounded theft allegations dating from December 2023. The main perpetrator, Mr Lowe, left employment in March 2024. The claimant alleged the respondent failed to investigate adequately and did not suspend Mr Lowe. She went on sick leave from 22 February 2024 and resigned on 8 July 2024 during an appeal hearing. The Operations Manager, Mr Norbury, had initially attempted to resolve matters informally at the claimant's request and then supported formal grievance proceedings once the full extent of the situation became known.
Decision
The tribunal dismissed the claim. It found that the respondent's handling of the bullying allegations did not amount to a fundamental breach of the implied term of trust and confidence. Mr Norbury acted in accordance with the claimant's wishes for informal resolution and mediation, and when circumstances became clearer, encouraged formal proceedings. The claimant affirmed the contract by remaining employed for over four months after the alleged breaches, continuing to engage with the grievance process and receiving sick pay before resigning.
Practical note
A manager attempting informal resolution at an employee's request, then supporting formal proceedings when the full situation emerges, will not constitute a fundamental breach justifying constructive dismissal, particularly where the employee delays over four months before resigning and continues to engage with internal processes.
Legal authorities cited
Statutes
Case details
- Case number
- 6007279/2024
- Decision date
- 26 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- bus driver
Claimant representation
- Represented
- No