The claimants each lodged a claim for unfair dismissal, claiming that they had been constructively dismissed by the respondent. There were also allegations of sexual discrimination which were eventually disallowed by the tribunal for time delay issues. The tribunal had to decide if the termination of the contract of employment amounted to a dismissal or did the claimants leave their employment for some other reason.

Amidst unsatisfactory evidence from all witnesses in the case, the tribunal was convinced that some level of subterfuge was employed by both parties which prevented it from reaching a conclusion as to why the working relationship ended. 

However, perhaps the most salient point identified by the tribunal was email correspondence from the claimants that they ‘wished to resolve the matter and return to work when medically fit’. The day after this correspondence the respondent changed the locks on the work premises, which the tribunal also held was indicative of the fact that there was an understanding that the employees had left for good.

* Practical lessons

The true factual matrix of the case baffled the tribunal, with no witnesses considered credible. However, for employers seeking to refute allegations of constructive dismissal this case highlights how any communication from employees who entertain the possibility of a return to work will be crucial. The tribunal simply could not reconcile the allegation that the work environment was so hostile when there was clear evidence of emails to the contrary.