Claimant v National Trust for Places of Historic Interest or Natural Beauty

Claimant failed to establish fundamental breach of contract by respondent. No constructive dismissal occurred. The claimant resigned because she believed she was not given the respect and training she deserved and would not be fast tracked. The resignation was not in response to a breach of the implied term of trust and confidence.

The three alleged detriments (Clare Brown ignoring claimant, sharing disclosures around the team, verbal warning on 7 June 2023) were found not to have happened or not to have been done on the ground that the claimant made a protected disclosure. The tribunal found the claimant was not a credible witness.

The tribunal found the alleged qualifying disclosures did not meet the statutory test. The claimant did not establish she disclosed information that she reasonably believed was in the public interest and tended to show the relevant statutory failings.

Claimant resigned and was not constructively dismissed. She was not entitled to be paid notice. The respondent was not in breach of contract.

The respondent did not behave in a way that was calculated or likely to destroy or seriously damage trust and confidence. There was reasonable and proper cause for Clare Brown's actions, including preferring to see the claimant with another person present after the claimant's aggressive behaviour.

Claims alleged to have happened before 3 April 2023 were struck out as out of time. No conduct extending over a period. Not just and equitable to extend time. Claims within time failed on facts: the tribunal found the alleged less favourable treatment did not occur as alleged. Clare Brown was being kind and sympathetic, sharing her own experience of perimenopause.

Claims alleged to have happened before 3 April 2023 struck out as out of time. Claims within time failed on facts. The tribunal found the alleged unwanted conduct did not take place. The claimant's evidence was confused, contradictory, and not credible.

Claims alleged to have happened before 3 April 2023 struck out as out of time. Claims within time failed on facts. The tribunal found the alleged unwanted conduct (including allegations about diversity group, comments by Wayne Carter, Rex Ashton's alleged racist comment) did not occur or were not related to race. The tribunal concluded the claimant fabricated serious allegations, particularly the allegation against Rex Ashton about 'Indian people'.

Claims alleged to have happened before 3 April 2023 struck out as out of time. Claims within time failed. The tribunal found the alleged conduct did not occur as alleged and was not related to age. Clare Brown was being empathetic and kind when discussing menopause based on her own experience.

Claims alleged to have happened before 3 April 2023 struck out as out of time. Claims within time failed. The tribunal found the alleged conduct did not occur. The claimant's evidence was confused, inconsistent on dates, and not credible.

Claims alleged to have happened before 3 April 2023 struck out as out of time. Claims within time failed on facts. The tribunal found the alleged unwanted conduct did not occur, including serious allegations fabricated against Rex Ashton. Wayne Carter approached the claimant in good faith about joining a diversity group.

Only the grievance on 7 June 2023 amounted to a protected act, but by then the claimant had already decided to resign. The other alleged protected acts (informing People Services, Suzanne Kellett, Darren Whelan, Rosalind Stone) were not protected acts. The claimant did not cross-examine witnesses on causation and failed to link the protected act to alleged detriments.