Dismissal for irretrievable breakdown in trust and confidence upheld as fair
An operations support manager with 12 years' service was fairly dismissed for some other substantial reason after a breakdown in trust and confidence with senior management. The tribunal upheld the employer's decision, finding it was within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #long-service
- #breakdown-of-relationship
- #some-other-substantial-reason
- #garden-leave
- #occupational-health
- #mediation-considered
Key facts
- The claimant was dismissed for some other substantial reason, namely an irretrievable breakdown in trust and confidence between him and senior management.
- The claimant had a long history of mistrust and negative attitudes towards senior managers, including his childhood friend Stephen Harris.
- The claimant's conduct at two company events (The Drum) was perceived as a personal attack on senior management.
- The respondent offered mediation but concluded it would not work due to the claimant's deep-seated grievances.
- The claimant withdrew his claim of automatic unfair dismissal for protected disclosure before closing submissions.
- The tribunal found the dismissal was fair and within the range of reasonable responses.
Timeline
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Claimant emails JC after appeal overturns his decision
The claimant sent a confrontational email to JC, a Garage Manager, after his disciplinary decision was overturned on appeal. This led to a complaint and later a final written warning.
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Final written warning imposed
Following disciplinary hearings, the claimant received a final written warning for the email to JC. He appealed but the warning was upheld.
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Claimant emails LW expressing pressure and criticism
The claimant sent an email to his manager LW describing feeling under massive pressure and a 'never ending stream of criticism'. This was treated as a formal grievance.
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Grievance appeal heard by AH
AH heard the claimant's grievance appeal. The claimant was moved to Cricklewood garage and had heart surgery in April 2018.
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First Drum event
At a management-union event, the claimant openly questioned the honesty and integrity of senior managers, which was perceived as a personal attack on SH.
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Meeting with AH about exit package
AH met the claimant to discuss whether he wanted a settlement agreement. The claimant said he wanted to continue working but wanted senior managers to act with integrity.
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Claimant meets CEO SOS about Colleague G
The claimant raised concerns about the handling of Colleague G's disciplinary, alleging inconsistent application of policies. This was the alleged protected disclosure.
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Second Drum event
The claimant again criticised senior management, referencing Colleague G's case. He was put on garden leave shortly after.
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Formal meeting with FOJ
FOJ chaired a meeting to decide if the relationship had broken down. The claimant requested many witnesses but FOJ obtained written statements instead.
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Dismissal decision
FOJ concluded the relationship was irretrievably broken and dismissed the claimant with notice for some other substantial reason.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed. The respondent argued the reason was an irretrievable breakdown in trust and confidence (some other substantial reason). The tribunal had to determine if that was the true reason and if the dismissal was fair in all the circumstances.
The outcome
The tribunal decided that the dismissal was fair.
- The respondent had a genuine belief that trust and confidence had broken down, based on the claimant's conduct at two events and his long-standing grievances.
- The employer considered mediation but concluded it would not work due to the claimant's deep-seated issues.
- The dismissal was within the range of reasonable responses, and the procedure was fair.
- No compensation was awarded as the claim failed.
Lessons & takeaways
- Long service does not automatically make a dismissal unfair if the relationship has genuinely broken down.
- Employers should consider alternatives like mediation before dismissing for breakdown in trust, but are not required to pursue them if they reasonably believe they will fail.
- Conduct that amounts to a personal attack on senior management can justify a finding of irretrievable breakdown.
- Employees who raise grievances should be careful not to let them escalate into a breakdown of the working relationship.
What this case shows
This case illustrates that even a long-serving employee can be fairly dismissed for an irretrievable breakdown in trust and confidence, provided the employer has a genuine belief and acts reasonably. The claimant, an operations support manager with 12 years' service, had a history of mistrust towards senior management, culminating in two events where he openly criticised them. The employer offered mediation but concluded it would not work due to the claimant's deep-seated grievances. The tribunal accepted that the relationship had broken down and that dismissal was a reasonable response.
What the employer did right
Metroline Travel Limited took several steps that helped their case. They considered mediation, gave the claimant a chance to respond, and obtained witness statements rather than calling all requested witnesses. They also put the claimant on garden leave to prevent further conflict. The tribunal noted that the decision-maker, FOJ, had not been involved in the earlier disputes and approached the matter with an open mind. This shows the importance of a fair process, even when the reason for dismissal is a breakdown in relationships.
Why this matters
For employees, this case is a reminder that raising grievances or expressing dissatisfaction can sometimes backfire if it damages the working relationship beyond repair. For employers, it confirms that a breakdown in trust and confidence can be a fair reason for dismissal, but only if they can show a genuine belief and a reasonable process. The case also highlights that mediation is not always required if it is reasonably seen as futile.
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