In the case of Miss C R v Motability a woman who assigned her own tasks to a colleague before submitting the work as her own has lost a constructive dismissal case.
Miss CR, employed as a customer care manager at Motability in Essex, was responsible for making decisions on public applications for disability funding.
In February 2023, Motability initiated an investigation into a case manager from another team, identified as “MS,” due to excessive overtime.
The investigation uncovered that Miss CR had been delegating her responsibilities to MS, including providing him with draft decision records to complete, which she later submitted under her name.
During the inquiry, MS’s manager noted his close working relationship with Miss CR, stating: “He has a bond with a particular individual and is willing to assist wherever he can. She is like a siren, a mermaid on the rocks, and he is always at her desk helping her out.” MS was described as a “self-proclaimed helper” who frequently assisted colleagues.
Miss CR faced a disciplinary hearing, where she argued that her communication with MS was limited to financial advice or routine matters, denying allegations of asking him to write decision records. She explained, “I thought it was the culture” to delegate tasks when workloads became overwhelming.
The investigation concluded that Miss CR’s collaboration with MS exceeded normal support expectations, suggesting she had breached her managerial duties.
Miss CR claimed she misunderstood the gravity of the allegations, estimating that only a small fraction of her decision records had been completed by MS. She reported stress-related mental health impacts and took two weeks off in March 2023.
In April 2023, Miss CR resigned via email, stating: “In view of the way I have been treated in the preceding weeks, including the unfounded allegations against me, I hereby resign with immediate effect.”
At the time of her resignation, the disciplinary process had not concluded, and she had not been informed that the intended outcome was a first written warning.
Employment Judge Palmer dismissed Miss CR’s claim for constructive dismissal, ruling that Motability’s investigation had been fair.
The judge stated: “Based on the evidence gathered during the investigation, I find that there was sufficient evidence for [Motability] to consider that there was a disciplinary case to answer and to give [Miss CR] an opportunity to explain her actions at a disciplinary hearing.”
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
