The claimant’s case, as set out in her grounds of claim accompanying the claim form, was that the respondent was in breach of the implied term for the following reasons:
- That there was a failure to properly manage a locum pharmacist
- That there was a threat to dismiss the claimant and cut ties with her
The alleged fundamental breach was of the term implied in the contract that the respondent would not, without reasonable and proper cause, act in a manner calculated or likely to destroy or seriously damage mutual trust and confidence.
The judgment was made that objectively the respondent had, by its actions on and after 19 February 2018, demonstrated that it no longer intended to be bound by the implied term of mutual trust and confidence. The judge accepted that the respondent took no action to offer any support for the claimant or to manage the situation after that date.
The judge found that the respondent had not advanced a permitted fair reason for the constructive dismissal. The claimant was therefore constructively unfairly dismissed.
The judge decided therefore that the claimant should recover from the respondent a basic award. This was calculated in the sum of £2,448. As far as the compensatory award was concerned, the judge also granted an award for the claimant in the sum of £300 for the loss of the statutory right not to be unfairly dismissed and the loss of the statutory notice period. The judge stated that these are valuable rights which have been lost to the claimant as a consequence of the dismissal.
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