What was it about?
Constructive unfair dismissal
What was the outcome?
The Tribunal determined that Mr Mellon resigned from this employment and was not constructively dismissed.
What were the facts?
Mr Mellon was employed by Sandpiper as a Store Manager. He resigned by email on 7 November 2019 due to his divorce proceedings and his desire to return to the UK to support his children. Mr Mellon was informed that his notice period was set to expire on 29 January 2020.
However, at the same time, the store Mr Mellon was responsible for failed an internal audit and had two unsatisfactory visits from the Environmental Health Officer, causing Sandpiper to commence a fact-find investigation.
Following the investigation, Mr Mellon was suspended on full pay. Shortly thereafter, Mr Mellon’s landlord contacted Sandpiper seeking contact details for Mr Mellon as he had moved out of his accommodation. Sandpiper then checked with the Claimant whether he would be attending a further investigation meeting the following day. Mr Mellon confirmed he would be attending in an email dated 10 December 2019.
However, Mr Mellon then resigned by email without notice the following day stating the first investigation had been carried out unprofessionally, that his performance would never satisfy the new retail director, and that there had been a witch hunt organised against him.
Sandpiper offered Mr Mellon the opportunity to reconsider his resignation, which he declined.
The Tribunal considered whether the investigation process in general, and in particular the interviews with Mr Mellon, were carried out in accordance with the policy and whether they were fair. The Tribunal determined that they were fair and broadly in accordance with policy.
The Tribunal identified that the reason for the investigation was the serious failing at the store highlighted by the Environmental Health Officer.
It was the Tribunal’s belief therefore, that Mr Mellon had originally resigned for family reasons. It was also their believe that there was nothing untoward on the part of Sandpiper to give Mr Mellon cause to claim constructive unfair dismissal when he resigned the second time as no breach of contract on the part of Sandpiper had been identified. The claim therefore failed.
