Claimant v Design Locker Limited

Outcome

Facts

The claimant worked as Production Manager for a small fashion manufacturer from 2011 until his resignation in August 2024. Following an email he sent in July 2024 raising concerns about staff pay, the claimant perceived a deterioration in his relationship with the director, Mrs Forbes. Events included a 'clear the air' meeting where concerns about his behaviour were raised, his raising of a grievance which he later invited the respondent to move on from, and the recruitment of an assistant to his role. On 27 August 2024, the claimant discovered a printed email exchange from 6 August between Mrs Forbes and her business adviser discussing finding a replacement for him if he left. He resigned two days later and started new employment on 2 September 2024 at the same salary.

Decision

The tribunal dismissed the claim, finding that the claimant had not established a repudiatory breach of the implied term of trust and confidence. The tribunal found that most of the conduct alleged either did not happen as claimed or was taken out of context. The discovery of the 6 August email did not amount to a breach in itself and did not add substance to earlier events to create a repudiatory breach overall. The employer had reasonable and proper cause for its actions, which were aimed at supporting the claimant by reducing his workload and recruiting assistance. The tribunal also indicated that even if there had been breaches, the claimant appeared to have affirmed the contract at the end of July by drawing a line and agreeing to move forward.

Practical note

Legal authorities cited