Claimant v Birmingham Crisis Centre
Outcome
Individual claims
The tribunal found the respondent fundamentally breached the implied term of mutual trust and confidence by unilaterally changing the claimant's job role without meaningful consultation and by sending a letter on 10 August 2023 containing unsubstantiated allegations and pressuring her to accept a settlement agreement. The claimant resigned in response to this breach and did not affirm the contract.
As the claimant was constructively dismissed, she resigned without serving her contractual notice period in response to the respondent's fundamental breach of contract. Therefore, she is entitled to notice pay as wrongful dismissal.
Although the claimant made protected disclosures, the tribunal found the principal reason for the conduct that led to her constructive dismissal was not those disclosures but rather genuine concerns about her performance and relationships with colleagues that predated the disclosures.
The tribunal found that while the claimant suffered detriments (job role changes and the 10 August letter), these were not materially influenced by her protected disclosures. The decision-making around her role predated the disclosures, and genuine performance concerns existed independently. The claimant did not meet the burden of proving causation.
Facts
The claimant, a Finance Officer at a domestic abuse charity, raised concerns in March 2023 to trustees about alleged financial irregularities involving the CEO. The tribunal found these to be protected disclosures. Around the same time, the CEO had decided to make her redundant due to performance concerns predating the disclosures. After an investigation cleared the CEO, the claimant returned to work in July 2023 to find her role substantially changed without consultation. On 10 August 2023, she was given a letter containing unsubstantiated allegations and offered a settlement agreement with only seven days to consider. She resigned on 25 August 2023.
Decision
The tribunal found the claimant was constructively and wrongfully dismissed due to the respondent's unilateral changes to her role and the inappropriate settlement letter, which together breached the implied term of trust and confidence. However, her automatic unfair dismissal and whistleblowing detriment claims failed because the tribunal found the protected disclosures did not materially influence the respondent's conduct — the decisions were driven by pre-existing performance concerns.
Practical note
An employer can breach the implied term of trust and confidence by unilaterally changing an employee's role and issuing an inappropriate settlement offer, even where genuine performance concerns exist, but will not be liable for whistleblowing detriment if those concerns genuinely predate and are not influenced by protected disclosures.
Legal authorities cited
Statutes
Case details
- Case number
- 1308078/2023
- Decision date
- 5 February 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Finance Officer
- Salary band
- £20,000–£25,000
- Service
- 2 years
Claimant representation
- Represented
- No