Claimant v City College Plymouth
Outcome
Individual claims
The tribunal found that the respondent's actions, including bullying by the line manager, failure to properly investigate the grievance, initiation of disciplinary proceedings immediately after the claimant's grievance appeal, and removal of IT access without warning, cumulatively and individually amounted to a fundamental breach of the implied term of trust and confidence. The claimant resigned in response to these repudiatory breaches. The respondent failed to prove any potentially fair reason for dismissal.
Having found a constructive dismissal, the tribunal concluded the claimant was unfairly dismissed. The respondent did not make out any potentially fair reason for dismissal, and even if it had, the dismissal would not have been fair and reasonable in all the circumstances, particularly given the respondent's conduct breaching trust and confidence.
The tribunal found the claimant's grievance and grievance appeal (which referenced disability discrimination) constituted a protected act. The respondent subjected the claimant to the detriment of a disciplinary investigation two days after her grievance appeal. Given the timing and the fact that two of the allegations were 5-6 months old (one having already been closed), the tribunal found the protected act had a significant influence on the respondent's decision to instigate disciplinary proceedings, constituting victimisation.
Facts
The claimant, a course lead and lecturer at a further education college, contracted Long Covid in late 2021 and had agreed reasonable adjustments. From March 2022, her new line manager subjected her to bullying behaviour including inappropriate comments about her being a single parent, criticism of her timekeeping despite no contractual requirement to start at 8:30am, and public chastisement. The claimant raised a grievance which was largely rejected. Two days after lodging an appeal, she was notified of disciplinary proceedings for gross misconduct relating to matters 5-6 months old, one of which had already been closed. Her IT access was then removed without warning. She resigned in September 2022 citing constructive dismissal and victimisation.
Decision
The tribunal heard the case in the respondent's absence under Rule 47 after repeated non-compliance with orders and non-attendance. It found the respondent's cumulative conduct (bullying, inadequate grievance investigation, retaliatory disciplinary action, and IT access removal) fundamentally breached the implied term of trust and confidence, amounting to constructive unfair dismissal. The timing of the disciplinary proceedings immediately after the grievance appeal constituted victimisation. The claimant was awarded £10,316.15 for unfair dismissal and £14,905.65 (including interest) for injury to feelings.
Practical note
Employers must handle grievances properly and avoid any appearance of retaliation, particularly when the grievance alleges discrimination — initiating disciplinary proceedings immediately after a grievance appeal, especially for historic matters, creates a strong inference of victimisation.
Award breakdown
Vento band: middle
Award equivalent: 43.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1403852/2022
- Decision date
- 6 March 2024
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
- Role
- Course Lead and Lecturer in Health and Social Care, and Early Years Education
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister