Claimant v Carpenters Limited
Outcome
Individual claims
The tribunal found that the claimant resigned but not in response to a fundamental breach of the implied term of trust and confidence. The series of allegations brought by the claimant (changes to her role, lack of resources, limited face-to-face meetings, and questioning of her performance at a meeting on 3 August 2023) did not, either singly or cumulatively, amount to conduct calculated or likely to destroy or seriously damage trust and confidence. The tribunal concluded that the respondent's conduct was reasonable management behaviour in response to changing business needs, and the claimant's resignation was premature. The final meeting on 3 August 2023 was reasonable line management requesting further information to support a business case for additional resources. The claim failed.
Withdrawn by claimant as she had been paid her notice pay while she worked her notice period following the decision to resign.
Facts
Miss Bell was a solicitor and Legal Training Manager employed by Carpenters Limited from August 2005. Following furlough during the Covid pandemic, she returned in July 2021 to find her role had changed—she no longer managed a team and had limited administrative support. Over the next two years she raised concerns about resources and pay. On 3 August 2023, at a meeting with her line manager Mr Norbury to discuss her business proposal for additional resources, she felt her performance was being questioned and was asked to carry out a 'time and motion' exercise. She resigned immediately, worked her notice, and her employment ended on 1 September 2023. She claimed constructive unfair dismissal based on a series of alleged breaches of trust and confidence.
Decision
The tribunal found that none of the claimant's allegations, either individually or cumulatively, amounted to a fundamental breach of the implied term of trust and confidence. The respondent's actions were reasonable management decisions in response to changing business needs following the pandemic and changes to the legal claims market. The meeting on 3 August 2023 was not an attack on the claimant's performance but a reasonable request for further evidence to support a business case. The claimant's resignation was therefore not in response to a repudiatory breach and her claim failed.
Practical note
Employees cannot successfully claim constructive dismissal where an employer's conduct, even if frustrating or disappointing, amounts to reasonable management decisions in response to legitimate business pressures and does not objectively undermine trust and confidence.
Legal authorities cited
Statutes
Case details
- Case number
- 2412076/2023
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Solicitor/Legal Training Manager
- Salary band
- £50,000–£60,000
- Service
- 18 years
Claimant representation
- Represented
- No