Claimant v The Greek Orthodox Community of Saint Demetrios of Edmonton
Outcome
Individual claims
The tribunal found that the respondent suspended the claimant without giving her sufficient details of the reasons for suspension or the allegations against her despite her requests for clarification. This, coupled with failures to address grievances raised in September 2022 and January 2023, constituted a fundamental breach of the implied term of trust and confidence. The claimant resigned in response and did not affirm the contract.
The tribunal found there was a repudiatory breach of contract by the respondent which the claimant accepted when she resigned. She was entitled to 12 weeks' notice pay and was not paid for that notice period. There was no gross misconduct justifying summary dismissal.
The claimant failed to prove that the third respondent made the alleged racist comment ('Indians eat off the table anyway') to her colleague Sunita Bowpowsingh on 28 June 2023. The tribunal found the claimant's evidence on this point unreliable and preferred the evidence of the third respondent.
Facts
The claimant was deputy manager of a nursery run by a Greek Orthodox charity for 17 years. After a collective grievance in September 2022 about safety and other issues, the nursery moved premises upstairs. The claimant raised further concerns in January 2023 which received no formal response. After attempting 'without prejudice' settlement discussions in June 2023, she was suspended on 30 June 2023 without being given proper reasons despite requests. She resigned by email on 6 July 2023 alleging constructive dismissal.
Decision
The tribunal found constructive and wrongful dismissal claims succeeded. The respondent fundamentally breached the implied term of trust and confidence by suspending the claimant without explanation and failing to address her grievances. The harassment claim based on an alleged racist comment failed as the claimant did not prove it occurred. Total award of £27,425 including basic award, compensatory award limited by failure to mitigate, notice pay, and s.38 award for lack of written particulars.
Practical note
Employers must provide clear reasons for suspension promptly when requested, and failure to respond to employee grievances (even if raised informally by long-serving staff) can contribute to a constructive dismissal claim, particularly when combined with unexplained disciplinary action.
Award breakdown
Award equivalent: 54.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3310407/2023
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Deputy Manager of the nursery
- Salary band
- £25,000–£30,000
- Service
- 19 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep