Background:

The claimant was employed as a Lawn Operative. The claimant was informed when he started that he would have to travel a distance to carry out his duties. He started in March 2022 and resigned in May 2023.

The busy period was over the Spring and Summer. During that period the respondent asked staff to work Saturdays to get additional holidays. There were no holidays to be taken during the busy period. The claimant took some holidays, but it was on the basis that he would be doing extra Saturday work which he agreed to. The claimant then alleged that he was forced into doing 6 day weeks for 8 consecutive weeks. The claimant also alleged that he was not included in the points-based bonus scheme. This was shown not to be the case by evidence put forward by the respondent. A situation also arose when the claimant was told it ‘doesn’t look good for you’ with the claimant asserting that it was about his employment yet the respondent stated that it was in relation to the poor condition the van was kept in.

A further issue raised related to situations in which the weather was such that it was not possible to work. These were termed ‘snow days’ and meant that the employees were paid their basic pay but £50.00 was deducted from any bonus payable. As a result of these points the claimant resigned citing constructive dismissal.

Outcome:

Based upon the findings of fact as outlined above it was held that the respondent did not without reasonable or proper cause conduct itself in a manner calculated to destroy or seriously damage the relationship of trust and confidence between itself and the claimant. The allegations put forward by the claimant were able to be refuted by contrary evidence by the respondent in relation to the policies such as holiday leave and bonuses. This meant that the claim was dismissed.

Practical Guidance for Employers:

Keeping up-to-date records about the application of policies was crucial in this case as the respondent was able to put forward its contrary evidence to push-back against the allegations made by the claimant. This meant that they were able to demonstrate that the implied term of trust and confidence had not been breached and there was no constructive dismissal claim that could flow from the facts.

NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/