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Tribunal Finds ‘Shut Up’ Remark Breached Trust, Awards £14,568

It highlights how online workplace hostility can violate the implied term of trust and confidence in senior-level contracts.

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David Ashe won a claim of constructive unfair dismissal

Overview

  • The Glasgow tribunal ruled that managing director Roger Topping’s instruction to “shut up” in a Teams meeting undermined director David Ashe in front of junior staff and breached mutual trust and confidence.
  • Judges cited the cumulative impact of the collapsed 50/50 equity succession plan, ongoing hostility and undermining behaviour as a fundamental breach of contract justifying constructive dismissal.
  • Ashe resigned in September 2024 after an HR specialist partially upheld his grievance, and was awarded half the compensation he sought due to shared responsibility for the relationship breakdown.
  • Employment Judge Lucy Wiseman determined that hostile remarks without reasonable cause can render continued employment intolerable and support an unfair dismissal claim.
  • The decision sets a precedent that even offhand or casual hostility in virtual senior-level meetings can trigger formal legal consequences under UK employment law.