Claimant v HM Revenue & Customs

The claimant withdrew this complaint at the outset of the final hearing.

The claimant withdrew this complaint at the outset of the final hearing.

The claimant withdrew this complaint at the outset of the final hearing. It related to a PCP of requiring employees to be at work (and not absent from work on sick leave) in order to be considered for the voluntary redundancy exit scheme.

The tribunal found the claimant was not forced to resign as alleged. Ms McNally did not tell the claimant she could either return to work, resign or be dismissed; rather she explained the SYA policy process which would involve referral to an independent decision manager. The claimant had jumped the gun when she resigned.

The tribunal found there was no repudiatory breach of the implied term of trust and confidence. Ms McNally followed the SYA policy appropriately and did not say what the claimant alleged. Objectively, the call on 19 June 2023 was not calculated or likely to destroy or damage the relationship of trust and confidence. The claimant resigned voluntarily, not in response to any breach.

The tribunal found no unfavourable treatment as alleged. Ms McNally did not tell the claimant she could return to work, resign or be dismissed on 19 June 2023. The respondent did not force the claimant to resign and she was not constructively dismissed. Accordingly there was no unfavourable treatment.

The tribunal found the respondent did not have a PCP of requiring employees to work their full duties (the claimant had herself worked a phased return) or of requiring employees who are absent from work to provide a definitive date by which they can return to work. As neither PCP was established, the complaint failed.