Claimant v Secretary of State for the Home Office

Outcome

Facts

The claimant alleged constructive dismissal based primarily on perceived bullying in 2020, with last alleged bullying act in March 2021. He raised a grievance in September 2021 which achieved partial resolution. He continued working and applied for internal promotions unsuccessfully, believing he was unfairly scored and denied feedback. His alleged final straw was unsuccessful application for Technical Specialist role between September-December 2022. He resigned in January 2023 after securing better-paid alternative employment in another government department, starting immediately after his Home Office employment ended on 23 March 2023.

Decision

The tribunal refused the respondent's strike-out and deposit order applications. While acknowledging the respondent's strong arguments about affirmation through delay and the real reason for resignation being new employment, the judge found the claimant's contentions regarding the Technical Specialist application as a final straw could not be said to have no reasonable prospect of success. The judge warned the claimant about significant difficulties proving his case and potential costs consequences.

Practical note

Legal authorities cited