3307596/2020Claimant won on liability

Weetabix Ltd

9 January 2023·Employment Tribunal·England & Wales·Employment Judge Hutchings

Respondent

Weetabix Ltd

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Decision date

9 January 2023

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Hutchings

No final compensation award yet

The judgment records agreed sums already owed and percentage adjustments for unfair dismissal, but it does not set out the final unfair-dismissal compensation figure.

Any figure in the judgment may reflect agreed pay, holiday pay, wages or expenses rather than the final compensation award.

Case Summary

Employment Judge Hutchings found that Weetabix breached the implied term of trust and confidence, leading to a constructive dismissal claim being well-founded. The judge ruled against Weetabix on multiple grounds including inappropriate behavior by Mr Petre, poor handling of grievance procedures, and delays in an Occupational Health referral.

Why this outcome?

The Employment Judge found that Weetabix breached the implied term of trust and confidence through inappropriate behavior by Mr Petre, poor handling of grievance procedures, and delays in an Occupational Health referral, making the constructive dismissal claim well-founded.

Claim Types

Unfair DismissalConstructive Dismissal

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Key Issues

  • inappropriate, bullying and harassing behaviour by Mr John Petre in relation to a safety incident in November 2019
  • handling of grievance raised against Mr Petre, including appointment of Mr Stuart Benham as Grievance Manager and handling of it by Ms Laura Morton (specifically failing to conduct a prompt, robust grievance investigation, attributing the claimant’s illness to other things, and arriving at perverse conclusions)
  • promotion of Mr Petre to role of director while the grievance investigation was on-going
  • handling of appeal against the grievance outcome (specifically 'the appeal manager, Mr Colm O’Dwyer recharacterizing interviews and failing to engage with the appeal questions')
  • handling of an Occupational Health referral; delays in the referral by Mr Stuart Benham

Original published judgment

The full source document is available from the official publication page.

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