Claimant v Khupe Legal Services Limited
Outcome
Individual claims
Claimant accepted at the outset that she was employed by the Second Respondent at the time of resignation, following an intra-group transfer in April 2022. All claims against the First Respondent were withdrawn and dismissed.
The tribunal found that the meetings on 2 and 9 November 2023 were conducted appropriately as fact-finding exercises. No allegations were inappropriately put to the claimant, no derogatory language was used, and the respondent was justified in questioning the recruitment process involving the claimant's son. The tribunal held that the respondent's conduct was not calculated or likely to destroy or seriously damage the relationship of trust and confidence, therefore there was no repudiatory breach of contract and no constructive dismissal.
As the tribunal found the claimant was not constructively dismissed, there could be no dismissal in breach of contract. The wrongful dismissal claim therefore failed as a consequence.
Facts
The claimant was employed as a PA/Executive Assistant and was involved in recruiting for a Recruitment Officer role for which her son applied. The respondent became concerned that proper procedures had not been followed when the son was offered the role without the managing director's approval or knowledge, and without all candidates being interviewed. At a meeting on 2 November 2023, the respondent questioned what had happened, leading the claimant to become upset and go on sick leave. At a return to work meeting on 9 November 2023, the respondent expressed no remorse for how the earlier meeting was conducted, at which point the claimant resigned immediately.
Decision
The tribunal dismissed all claims. It found that the respondent was justified in questioning the recruitment process and that the meetings were appropriate fact-finding exercises. No inappropriate allegations were made, no derogatory language was used, and the presence of other managers was reasonable given their involvement. The respondent's conduct did not breach the implied term of trust and confidence, so there was no constructive dismissal and consequently no wrongful dismissal.
Practical note
Employers can legitimately question potential conflicts of interest or procedural irregularities in recruitment processes involving employees' family members, and fact-finding meetings conducted reasonably will not amount to breaches of trust and confidence even if uncomfortable for the employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1801994/2024
- Decision date
- 15 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Personal Assistant / Executive Assistant
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister