Shouting at the boss: dismissal for irretrievable breakdown of trust upheld
A married couple who worked as wedding events and facilities managers were fairly dismissed after a heated meeting where the husband shouted at the company owner. The tribunal rejected claims of unfair dismissal, disability discrimination, and whistleblowing detriment.
1 min read · Last updated 18 May 2026
Case details
- #irretrievable-breakdown
- #some-other-substantial-reason
- #disability-discrimination
- #protected-disclosure
- #victimisation
- #associative-discrimination
- #looke-farm-joint-venture
Key facts
- Mrs Brake was employed as manager of the wedding events business from 17 February 2017 until dismissal on 30 November 2018.
- Mr Brake was employed as Facilities and Land Manager from 17 February 2017 until dismissal on 30 November 2018.
- The claimants were not employees of Sarafina Properties Ltd before its acquisition by the second respondent on 17 February 2017.
- On 6 November 2018, at a meeting about a proposed joint venture to purchase Looke Farm, Mr Brake shouted at Dr Guy and accused him of not being a man of his word.
- The claimants were dismissed on 8 November 2018 for irretrievable breakdown of trust and confidence.
- The tribunal found that the reason for dismissal was the breakdown in trust, not disability or protected disclosures.
Timeline
-
Sarafina Properties Ltd acquires West Axnoller Farm
Sarafina Properties Ltd (SPL) purchased the farm. Mrs Brake was the de facto director; no employment contract existed.
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Chedington Court Estate Ltd acquires SPL
The second respondent purchased SPL, which later became Axnoller Events Ltd. Mrs Brake and Mr Brake became employees.
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Meeting about Mrs Brake's health
Mrs Brake informed Dr Guy of her kidney condition. Dr Guy suggested a deputy; Mrs Brake declined adjustments.
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Mrs Brake formally discloses health condition
Mrs Brake emailed Dr Guy about her kidney condition, stating no adjustments were needed.
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Viewing of Looke Farm
Mr and Mrs Brake took Dr and Mrs Guy to view Looke Farm, proposing a joint venture purchase.
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Mrs Brake's email about marginalisation
Mrs Brake emailed Dr Guy stating she felt marginalised since disclosing her kidney condition. This was a protected act.
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Meeting at Chedington Court
Meeting to discuss Looke Farm. Mr Brake shouted at Dr Guy, accusing him of not being trustworthy. The meeting ended in acrimony.
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Dismissal letters sent
Both claimants were dismissed with immediate effect, citing irretrievable breakdown of trust and confidence.
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Employment terminated
Claimants' employment ended. They were paid in lieu of notice but refused to vacate Axnoller House.
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Judgment issued
Employment Tribunal dismissed all claims, finding no unfair dismissal, disability discrimination, or protected disclosure detriment.
The legal issue
The tribunal had to decide whether the couple were unfairly dismissed, subjected to disability discrimination, or suffered detriment for making protected disclosures. It also considered whether they had sufficient continuity of employment to bring unfair dismissal claims.
The outcome
The tribunal dismissed all claims brought by the wedding events manager and the facilities and land manager against Axnoller Events Ltd, The Cheddington Court Estate Ltd, Dr Geoffrey Guy, and Mr Russell Bowyer.
The key reasons were:
- The dismissals were for 'some other substantial reason' – the irretrievable breakdown of trust caused by the husband shouting at Dr Guy during a business meeting.
- The claimants were not employees of the predecessor company, so their continuous service started in February 2017, giving them less than two years' service – insufficient to claim unfair dismissal in any event.
- The protected disclosures and disability were not the reason for dismissal; the breakdown in trust was.
- No disability discrimination occurred because the employer did not know and could not reasonably be expected to know that the wife's kidney condition amounted to a disability.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you have less than two years' service, you generally cannot claim unfair dismissal unless the reason is automatically unfair (e.g., whistleblowing or discrimination).
- An outburst during a meeting that destroys trust can be a fair reason for dismissal, even if you have a long history with the employer.
- To bring a disability discrimination claim, you must show the employer knew or ought to have known about your disability – telling them about a medical condition is not enough if it does not meet the legal definition.
- Making a protected disclosure does not give you immunity from dismissal if your conduct independently destroys the working relationship.
When a breakdown in trust is a fair reason to dismiss
This case shows that even if you have raised concerns about your health or made protected disclosures, your employer can still dismiss you fairly if your behaviour causes an irretrievable breakdown in trust. The couple had worked at the estate for less than two years when the husband shouted at the owner during a meeting about a proposed joint venture. The tribunal accepted that this single incident destroyed the relationship to the point where continued employment was impossible.
What the employer did right
The employer acted promptly – dismissing within two days of the incident – and paid notice pay. They did not rely on the wife's kidney condition or the protected disclosures as reasons for dismissal, but on the breakdown of trust. This clear focus on conduct helped them show the dismissal was for a substantial reason and that they acted reasonably.
What this means for similar claims
For employees, this case is a reminder that length of service matters. With less than two years' service, the normal unfair dismissal protection does not apply. Even if you have a protected characteristic or have blown the whistle, your conduct can still lead to a fair dismissal if it genuinely destroys trust. For employers, the case shows that a clear, documented reason for dismissal – and a consistent focus on that reason – can defeat multiple discrimination and whistleblowing claims.
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