Claimant v NSL Limited
Outcome
Individual claims
The tribunal found no repudiatory breach of the implied term of trust and confidence. The claimant alleged he was forced to commit fraudulent acts and breach GDPR, and that the respondent failed to take action against his manager Sarah Smith. The tribunal found Ms Smith had not instructed him to complete courses for other CEOs but only to facilitate their access to the system. The grievances were properly investigated and appropriate action was taken against the two employees who had bullied the claimant (one resigned, one was transferred). There was no evidence Ms Smith was involved in bullying and no disciplinary case against her. The grievance process was handled reasonably and promptly.
Facts
The claimant, a Senior Civil Enforcement Officer with nearly 6 years' service, resigned claiming constructive dismissal. He alleged his manager Sarah Smith forced him to complete online training courses for other employees (breaching GDPR), and that he was bullied and threatened by supervisor Asim Ramzan and his brother Mohammed. He went on sick leave in October 2023 and raised grievances. The respondent investigated thoroughly: Asim Ramzan resigned during disciplinary proceedings, Mohammed was transferred to another base, but no action was taken against Sarah Smith as the evidence showed she had only asked the claimant to facilitate staff access to the training system, not complete courses for them.
Decision
The tribunal dismissed the claim. The judge found no repudiatory breach of contract. The evidence did not support the allegation that Ms Smith instructed the claimant to commit fraud or breach GDPR. Appropriate action was taken against the two employees who had bullied him. The grievances were handled properly, reasonably and promptly. The respondent had proper cause for not taking disciplinary action against Ms Smith as there was no case against her.
Practical note
A constructive dismissal claim will fail where thorough investigation of grievances leads to reasonable findings and appropriate action against wrongdoers, even if the claimant disagrees with the outcome regarding other employees.
Legal authorities cited
Statutes
Case details
- Case number
- 3200817/2024
- Decision date
- 23 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- NSL Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Civil Enforcement Officer
- Service
- 6 years
Claimant representation
- Represented
- No