Claimant v Total Clean Services Ltd

Outcome

Facts

The claimant worked as a cleaner for the respondent agency from February 2019 to September 2024. After reporting suspicious circumstances regarding security tags to a client manager, the client accused him of theft based on CCTV footage and items found in bins and his locker. The respondent suspended him, conducted an investigation including two meetings, decided not to proceed to disciplinary action and accepted the claimant's version of events. However, the client exercised its contractual right to exclude the claimant from its premises, and the respondent offered alternative work at other locations. The claimant resigned, feeling disrespected by the investigation process.

Decision

The tribunal dismissed the constructive dismissal claim, finding that the respondent had followed proper procedures, conducted a fair investigation, and had reasonable and proper cause for its conduct. The respondent accepted the claimant's version of events, offered alternative work, and even paid two weeks' extra pay as a goodwill gesture. The claimant failed to establish a fundamental breach of the implied term of trust and confidence.

Practical note

Legal authorities cited