McCurrach UK Ltd and Mr S O’Brien

Case Summary

The claimant, employed as a Regional Partnership Manager in field marketing, resigned in July 2024 and claimed constructive dismissal, working time detriment, protected disclosure detriment, and unlawful wage deductions. The tribunal dismissed all claims, finding no repudiatory breach of contract, no unlawful detriment, and no unauthorized wage deductions.

The tribunal found no repudiatory breach of contract or breach of the implied term of trust and confidence. The employer's conduct, including requesting meetings and investigating allegations, was reasonable management action taken for legitimate business reasons relating to customer welfare and operational concerns, and did not demonstrate an intention to abandon the contract. The grievance procedure, while containing some defects, was substantially fair and did not cure any fundamental breach.

• •Constructive dismissal based on cumulative breach of trust and confidence
• •Detriment under Working Time Regulations section 45A(1)(f)
• •Detriment under protected disclosure provisions section 47B
• •Unlawful deductions from wages section 13
• •Fairness of grievance procedure
• •Whether alleged conduct breached employment contract

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106832/2024 Held in Glasgow on 30 September; 1 & 2 October; 8, 9 and 10 December 2025 Employment Judge R King Mr Paul Handzel Claimant In Person McCurrach UK Ltd First Respondent Represented by: Mr Y Mahmood - Solicitor Mr Sean O’Brien Second Respondent Represented by: Mr Y Mahmood - Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Tribunal is as follows: (1) The claimant’s complaint that he was unfairly constructively dismissed fails and is dismissed. (2) The claimant’s complaints that he suffered detriment in terms of sections 45A(1)(f) and 47B of the Employment Rights Act 1996 fail and are dismissed. (3) The Claimant’s complaint that he suffered unauthorised deductions from his wages in terms of section 13 of the Employment Rights Act 1996 fails and is dismissed. REASONS Introduction 1. The claimant has presented complaints of unfair constructive dismissal, that he has been subjected to detriments in terms of sections 45A (1) (f) and 47B of the Employment Rights Act 1996 and that he has suffered unauthorised 4106832/2024 Page 2 deductions from wages in terms of section 13 of the Employment Rights Act 1996. Relevant law Constructive dismissal 2. The relevant law is contained in the Employment Rights Act 1996. Section 94 (1) of this act provides an employee with the right not to be unfairly dismissed by his employer. 3. Section 95 (1)(c) provides that an employee is to be regarded as dismissed if – “the employee terminates the contract under which he was employed (with or …