Claimant v Secretary of State for Justice
Outcome
Individual claims
The tribunal found that incidents in 2017 and 2019 (shouting by line manager and grievance outcome meeting) were potentially serious but not sufficient to amount to repudiatory breach. Even if they had been, the claimant affirmed the contract by continuing to work for many months without protest. The events in June 2021 (plant watering, cash incident, resignation meeting) were innocuous and did not resuscitate earlier breaches. The claimant voluntarily resigned and was not constructively dismissed.
The sex discrimination claims were struck out as out of time at a preliminary hearing before Employment Judge Doyle on 18 October 2022. He found it was not just and equitable to extend time to allow the tribunal to consider these complaints.
Facts
The claimant worked as a Band 4 supervisor in gardens and waste management at HMP Styal from June 2015. Over several years she had ongoing tensions with her line manager Mr Tarry and colleague Ms Carney, raising concerns about workload imbalance, alleged hostility, and bullying. There were multiple informal interventions, mediations, and welfare meetings. In June 2021, following incidents involving plant losses, an intelligence report about cash, and a meeting with a governor where no management restructure was offered, the claimant resigned. She alleged 17 breaches of the implied term of trust and confidence spanning January 2017 to June 2021.
Decision
The tribunal found the claimant was not constructively dismissed. While two incidents (shouting in 2017 and a poorly-handled grievance outcome in 2019) were potentially serious, they did not individually or cumulatively amount to a repudiatory breach. Even if they had, the claimant affirmed the contract by working for 20 months without protest after October 2019. The June 2021 incidents were innocuous and did not resuscitate earlier breaches. The claimant voluntarily resigned.
Practical note
Employees claiming constructive dismissal on a 'last straw' basis must be aware that long periods of continued work without protest or reservation of position will amount to affirmation, losing the right to rely on earlier breaches unless later conduct is serious enough to resuscitate them.
Legal authorities cited
Statutes
Case details
- Case number
- 2411409/2021
- Decision date
- 11 March 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Instructional Officer / Band 4 Facilities and Services Supervisor in Waste, Environmental and in Amenities and Conservation
- Service
- 6 years
Claimant representation
- Represented
- No