Claimant v Transport UK East Midlands Ltd T/A East Midlands Railway
Outcome
Individual claims
The tribunal found two procedural failings by the respondent: failure to hold a fact-finding meeting within 48 hours and failure to permit seven days for review of meeting notes. However, the tribunal concluded that these failings, individually or cumulatively, were insufficient to amount to a repudiatory breach of the implied term of trust and confidence. The procedural failings were not so serious as to destroy or seriously damage the employment relationship. The claimant failed to establish that the respondent's conduct entitled him to resign and treat himself as dismissed.
Facts
The claimant was a Senior Conductor who posted a comment on Facebook on 31 July 2024 following the Southport murders. A member of the public complained to the respondent on social media. The claimant was suspended on 1 August 2024 and a fact-finding meeting took place on 7 August 2024. An investigation concluded there was a case to answer for gross misconduct. The claimant resigned on 17 September 2024 before the disciplinary hearing scheduled for 22 August 2024 could take place. He claimed the respondent's procedural failings and pre-determination of the outcome amounted to constructive dismissal.
Decision
The tribunal identified two procedural failings: delay in holding the fact-finding meeting and premature release of meeting notes. However, the tribunal concluded these failings, individually or cumulatively, did not amount to a repudiatory breach of the implied term of trust and confidence. The tribunal rejected the claimant's arguments about pre-determination, finding the investigation was properly conducted and the outcome remained undetermined at the point of resignation. The claim was dismissed.
Practical note
Minor procedural failings in an investigation, even when combined, will not amount to constructive dismissal unless they are sufficiently serious to destroy or seriously damage the employment relationship; the test is demanding and requires more than mere unreasonableness.
Legal authorities cited
Statutes
Case details
- Case number
- 6014592/2024
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Conductor
- Service
- 3 years
Claimant representation
- Represented
- No