Overview

• A Croydon employment tribunal found that Wicken’s May 2022 request to join mediation via Teams to supervise garden work did not amount to culpable conduct.
• Ben Wicken resigned in June 2022 after Akita Systems’ directors lost confidence in him and an HR consultant closed his grievance, prompting his claim.
• Last week, Judge Lisa Burge concluded these actions amounted to constructive unfair dismissal and ordered a £30,692 payment.
• The tribunal emphasised that miscommunication over remote attendance was a mistake, not behaviour warranting dismissal or loss of trust.
• The case highlights the importance for employers to clarify remote work policies and maintain impartial grievance procedures.