Gerald Williams v HSBC Bank Plc [2023] TRE 90A

The Claimant worked for the Respondent, for five years, initially in the call centre and later as a Junior Relationship Manager (a JRM).  The Claimant claimed that the Respondent misdescribed the JRM role and failed to support them adequately, leading to their resignation.  The sequence of events begin in April 2018 when the Claimant started working with the Respondent.  In September 2021, the Claimant moved to the JRM role.  By July 2022, the Claimant went on long-term sick leave and raised a grievance in August 2022.  The grievance appeal was unsuccessful and the Claimant resigned from the Respondent in April 2023.

The Claimant claimed constructive dismissal, alleging misdescription of the JRM role, lack of support, unreasonable targets, isolation, and unfair treatment.  The Respondent argued that all newcomers to the JRM Team started with welcome calls.  The Claimant did not meet the performance standards to go beyond welcome calls, this despite extensive support.  The Respondent provided reasonable options for the Claimant to continue in employment in another team.  The Tribunal found that the Claimant did not meet the required standards.  The Respondent provided adequate support through a Focused learning plan and a Performance improvement plan.  The Tribunal was also satisfied that the Respondent had followed proper procedures in handling the Claimant’s grievance.  Consequently, the Tribunal found no fundamental breach of contract by the Respondent and as such dismissed the claims for constructive unfair dismissal and unpaid wages.