Claimant v Cornwall Council
Outcome
Individual claims
The tribunal found no fundamental breach of contract by the respondent. The respondent had dealt with the claimant's 2019 grievance appropriately and the agreed working arrangement between claimant and the female colleague had functioned well for two and a half years. When new contact occurred in June 2022, the respondent acted supportively — the claimant blocked Facebook messages herself, was advised to ignore Teams calls, and when she requested intervention on 11 July 2022, management immediately agreed to seek HR advice the next day. The claimant resigned before the respondent could take further action. The tribunal concluded the respondent's conduct throughout was exemplary and did not breach the implied term of trust and confidence.
Facts
The claimant worked for Cornwall Council for nearly 15 years as a Technical Support Team Leader. In 2018 she made a whistleblowing disclosure about two colleagues. Her identity was inadvertently disclosed and she suffered harassment from a female colleague (FC), leading to a grievance in 2019 which was upheld. An agreement was reached that FC would only contact the claimant for work-related matters, which worked successfully for two and a half years. In June 2022, FC, who was suffering mental health difficulties and on sick leave, began contacting the claimant via Facebook (which the claimant blocked) and Teams (which the claimant agreed to ignore). When the claimant asked management to intervene on 11 July 2022, they immediately agreed to seek HR advice. The claimant resigned the next morning before any further action could be taken.
Decision
The tribunal dismissed the claim for constructive unfair dismissal. The tribunal found the respondent had not breached the implied term of trust and confidence. The respondent had dealt appropriately with the 2019 grievance, supported the claimant throughout with occupational health assistance, and when new issues arose in June/July 2022, responded promptly and supportively. When the claimant specifically requested intervention on 11 July, management immediately agreed to take advice, but the claimant resigned before they could act. The tribunal found the respondent's conduct throughout had been exemplary.
Practical note
An employer does not breach the implied term of trust and confidence where it responds supportively to complaints, even if final resolution is incomplete, particularly where the employer demonstrates it is actively seeking to address concerns and is balancing competing interests such as the mental health of another employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1403622/2022
- Decision date
- 23 January 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Cornwall Council
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Technical Support Team Leader
- Service
- 15 years
Claimant representation
- Represented
- No