Branch manager loses constructive dismissal and race discrimination claim after failing to attend hearing

A case derailed by non-attendance

This case illustrates the risks of pursuing an employment claim without legal representation and failing to attend the final hearing. The branch manager, who had six years' service, resigned in October 2018 claiming that his employer's conduct forced him out. He alleged that a disciplinary process leading to his dismissal (later reduced to a final written warning on appeal) and the disclosure of confidential details amounted to a fundamental breach of contract. He also claimed race discrimination and a £10,000 bonus.

However, the tribunal never reached the merits of most allegations because the claimant did not attend the hearing. Despite several postponement requests citing ill health, the tribunal found the medical evidence insufficient and decided to proceed in his absence. After hearing evidence from the respondent's witnesses, it concluded that the employer had not breached the implied term of trust and confidence. The discrimination claims were dismissed as unsubstantiated, and the bonus claim failed because no binding promise was proven.

What the employer did right

Sequence (UK) Limited successfully defended the claims by demonstrating that its disciplinary process, while initially flawed, was corrected on appeal. The tribunal noted that the employer had acted reasonably overall. The counterclaim for overpaid commission succeeded because the contractual underpin arrangement allowed recovery when employment ended.

Key takeaways for similar cases

For claimants, this case underscores the importance of attending hearings and providing robust medical evidence if unable to attend. For employers, it shows that a fair appeal process can remedy earlier procedural errors, and that clear contractual terms for commission clawbacks are enforceable.