Claimant v Taylor Wimpey UK Limited

Outcome

Facts

The claimant, a forklift driver employed since December 2019, resigned with immediate effect on 27 June 2024 following an incident involving loading plywood onto a pickup truck captured on dashcam. The claimant alleged he was told during a telephone conversation between his site manager and production manager that he would be dismissed if registration checks showed the truck was not registered to a supplier. The respondent denied this conversation took place and maintained the claimant resigned during informal discussions before any investigation commenced, with the site manager trying to persuade him not to resign.

Decision

The tribunal dismissed the constructive dismissal claim. The judge did not accept on the balance of probabilities that the alleged telephone conversation warning of dismissal took place, noting the claimant failed to mention this key allegation in his claim form and only raised it in his witness statement months later. The tribunal found the managers were acting in accordance with the disciplinary policy and no undue pressure was placed on the claimant.

Practical note

Legal authorities cited