Background:

The claimant was employed as an assistant manager in the respondent’s Birmingham Bullring retail store.   The employment came to an end in July 2021 when he resigned with immediate effect.

The claimant’s claim arose from complaints that the Area Manager was unfairly blaming him for particular jobs not being done.   This related to the Deputy Manager in the store not doing particular jobs allegedly and that they had not been delegated to the assistant manager.  The Tribunal was not satisfied with this element of the claim.

A second aspect was relating to loss prevention.  The particular store was posting losses in this area and there was communication about bringing it under control. An investigation was carried out in which it was found that the processes and procedures were not being carried out as detailed by the claimant in his interview.  This led to an investigation and subsequent disciplinary hearing in 2021.  The claimant accepted wrongdoing in relation to the processes and the outcome was a final written warning.

At the time (2021), lockdown was in place and virtual selling meant that some staff were on site.  A Whatsapp group was set up and the Area Manager would try to instil competition between the stores.  The claimant posted about a £129 sale yet the Area Manager posted a tumbleweed considering that it came after a colleague at a different store posted about a £2,000 sale previously.    It was later said that ‘every sale counts’ though.

The claimant returned to work following the investigation above but started to detail issues that other managers were doing.  He issued a grievance in relation to how he alleges he had been treated through the process.  The grievance was rejected.  He questioned how the grievance had been dealt with but following a job offer at another store in the same shopping complex, the claimant resigned without giving notice. He subsequently brought proceedings for constructive dismissal.

Outcome:

The Tribunal had to decide whether the claimant had been dismissed or had resigned.  It was found in the circumstances that there was no repudiatory breach of contract by the respondent.  Even looking at the various issues raised there was no way in which they cumulatively amounted to a breach of the implied term of trust and confidence.  As a result, there being no dismissal the case was dismissed.

Practical Guidance for Employers:

This case demonstrates that the burden is on the claimant to prove that there has been a dismissal in a constructive dismissal case.  In this case, the claimant had various allegations in terms of his treatment throughout his work and through the investigative/disciplinary process.  That being said, none of them amounted to a breach of the implied term of trust and confidence or any other repudiatory breach of contract.  The claimant was unable to meet the threshold of showing a dismissal therefore the case was dismissed.
https://www.gov.uk/employment-tribunal-decisions/mr-s-dhir-v-hugo-boss-uk-ltd-2206382-slash-2021