The Claimant, who had been put on a performance improvement plan, then raised a grievance which was rejected. When he appealed, the Respondent brought in an outside consultant to review the grievance. The appeal was also rejected and the Claimant claimed that the consultant was biased. He then resigned and claimed constructive unfair at the ET but lost. He appealed to the EAT.

The EAT dismissed the appeal, after considering grounds related to disclosure and redacted information in the bundle. The EAT also dismissed the allegation that the ET had not considered each complaint individually and deciding whether each of them amounted to a breach of the implied term of trust and confidence rather than considering whether all the employer’s actions cumulatively amounted to a breach of that term.