Constructive dismissal

Case 2: The facts

Shop worker Marybelle MacLellan considered herself a victim of bullying, harassment and a deliberate attempt to accuse her of theft - another employee's purse was found in her bag, and she believed it had been put there deliberately.

After investigating the incident, her employer was unable to establish who had put the purse in her bag, but found that there had been no theft and no accusations against MacLellan. It was told of the bullying allegations during the investigation, but found that they were not substantial enough to justify any action being taken. MacLellan later resigned and claimed constructive dismissal, but a tribunal rejected her claim.

The ruling

The Employment Appeal Tribunal upheld the tribunal's finding. Although the tribunal had found one of MacLellan's colleagues to have been "difficult, uncooperative and rude" to fellow employees, her behaviour had not been directed specifically towards MacLellan. The tribunal had also found it significant that MacLellan had not made any complaint previously. There was no repudiatory breach of contract and consequently no dismissal.

MacLellan v Co-operative Group (CWS) Ltd EATS/0016/05