Background:

The claimant worked for the respondent as a customer care assistant/receptionist from March 2018 until October 2020.   In March 2020 as a result of the pandemic, the veterinary establishments were regarded as essential and continued to work albeit with a reduced number of staff on site.   The respondent stated there were issues raised about the claimant’s work in 2018 and 2019 but these were not recorded and dealt with ‘informally’.

In April 2020, the claimant received a call from a client seeking an appointment for her dog (as the dog was vomiting).  The claimant informed the client that the practice was only dealing with emergencies due to the pandemic.  She said the vet would call back and there would be a charge for the telephone consultation.  The client rang back two hours later complaining.  The claimant stated that the client’s dog eating Chinese food and vomiting was not an emergency and the vet was in emergency surgery.  The client wished to complain about they claimant’s tone. The vet did ring the client back and there was no mention of the claimant’s tone or conduct.

The client began to make uncomplimentary comments about the claimant on social media (having seen that she was praised by her former school for working during the pandemic).  The claimant raised this with her manager who told her to go to the police if the comments continued.  The comments were removed by the School. In June 2020 the claimant received ‘receptionist of the year’.  A week later the client made a three page complaint about the claimant.

The claimant had an appraisal meeting in July 2020.  The respondent later regretted using ‘appraisal’.  This was to discuss the complaint made.  After that meeting the respondent wrote to the claimant stating that she was receiving a final written warning due to breaches of the Staff Handbook.   This was not in keeping with the disciplinary procedure for the respondent requiring statement, meeting and appeal.  The claimant did appeal the decision though and in writing the respondent stated it was rescinded subject to a subsequent meeting.   The claimant asked that an impartial manager would be able to deal with the subsequent ‘disciplinary meeting’.  The respondent also sought to put other complaints to the claimant from google reviews which did not mention the claimant by name.  The same manager dealt with the meeting and reinstate the final written warning for ‘major misconduct’.

A grievance was issued as well as further appeals. The claimant went on sick leave from 10th September until 29th October.   In the meantime, she obtained a new job on higher pay starting on 2nd November 2020.  In her resignation, the claimant stated it was due to not hearing about the grievance and that there was a fundamental breach of contract.

Outcome:

The Tribunal found that the claimant had been constructively dismissed.  The breach of contract was seen to arise on the basis of the ‘last straw’ doctrine when there was a failure to reply to the claimant’s email about the grievance, asking for the appeal to be dealt with by someone else and the LRA advising on the possibility of mediation.   The respondent argued that the resignation was actually due to obtaining a new job.  However, the Tribunal found that the legal authorities were clear that it was necessary that the employee resigned, at least in part, due to the fundamental breach. The Tribunal was satisfied that the resignation was related to the conduct of the respondent.  As a result, compensation was awarded in the sum of £1,032.20 for the constructive dismissal.

Practical Guidance for Employers:

This case demonstrates that an individual resigning and moving into a new job does not invalidate a claim for constructive dismissal.  The decision to resign if it is partially due to the fundamental breach of contract will still be able to bring a claim.   In this case, the failure of the respondent largely related to the procedures with the faux appraisal being the catalyst for the relationship breaking down between the claimant and respondent.  The importance of having robust procedures and sticking to them cannot be understated when it comes to disciplinary matters.

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