Rentokil Initial Ltd

Case Summary

Ms Dawn Piper, a Senior Sales Manager with over 30 years' service at Rentokil Initial, claimed constructive unfair dismissal following her resignation in September 2024. She alleged the Respondent committed a fundamental breach of the implied term of mutual trust and confidence through unilateral changes to the commission structure scheme, initial refusal to pay August commission, and incorrect deductions from salary. The Tribunal found the Respondent committed a fundamental breach and that the Claimant resigned in response to it, concluding the complaint of constructive unfair dismissal was well-founded.

The Tribunal found that the Respondent, through cumulative breaches including unilateral changes to the commission structure scheme, refusal to pay August commission, and incorrect deductions from salary, destroyed the trust and confidence between employer and employee. The Claimant resigned in response to these fundamental breaches and did not affirm the contract.

• •Constructive unfair dismissal
• •Fundamental breach of implied term of mutual trust and confidence
• •Unilateral changes to commission structure scheme
• •Refusal to pay August commission
• •Incorrect deduction of £449.22 commission from July salary
• •Incorrect deduction of company car payments
• •Whether Respondent had reasonable and proper cause for actions
• •Whether Claimant resigned in response to fundamental breach
• •Whether Claimant affirmed contract before resigning

Case No: 6000947/2025 EMPLOYMENT TRIBUNALS Claimant: Ms Dawn Piper Respondent: Rentokil Initial Ltd Heard at: London South On: 2 and 3 March 2026 Before: Employment Judge Yardley Representation Claimant: Mr S Maini-Thompson, Counsel Respondent: Mr J Wynn, Counsel RESERVED JUDGMENT The judgment of the Tribunal is as follows: 1. The complaint of constructive unfair dismissal is well-founded and succeeds. 2. The case has been listed for a remedy hearing on 8 June 2026. REASONS Introduction 1. This claim concerns an allegation of constructive unfair dismissal. The Claimant was employed by the Respondent as a Senior Sales Manager and had over thirty years’ service. She contends that she was entitled to resign in September 2024 in response to the Respondent’s conduct which she says amounted to a fundamental breach of the implied term of mutual trust and confidence. 2. The Respondent disputes the allegation. It maintains that its conduct did not amount to any breach of contract and that the Claimant resigned of her own accord. 3. The Tribunal had before it a bundle of 594 pages (references to “[X]”). Case No: 6000947/2025 4. The Tribunal also had before it witness statements from the Claimant and the following witnesses for the Respondent: 4.1. Andy McLuckie, Operations Director; 4.2. Donna Rodney, HR Manager; and 4.3. Mark Ham, Head of Sales Academy. 5. The Tribunal was provided with a Skeleton Argument from the Respondent which had been served on the Claimant prior to the hearing. Preliminary Issues Amendment to Name of the Respondent 6. The name of the Respondent was corrected to “Rentokil Initial UK Limited” with consent of the parties. Application of Supplemental Statements 7. The Respondent applied for permission to rely on supplemental witness statements from Mr McLuckie and Ms Rodney, served after the ordered exchange of evidence. It submitted that the st…