Employment Appeal Tribunal Dismisses Constructive Dismissal Claim Against Singletrack Systems Ltd
The Employment Appeal Tribunal has dismissed Mr Saleh’s appeal, confirming the original tribunal decision that he was not constructively dismissed by his employer.
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The Employment Appeal Tribunal (EAT) has rejected an appeal brought by Mr Saleh against a decision that he was not constructively dismissed by his former employer, Singletrack Systems Ltd. The original Employment Tribunal judgment, which followed a six-day hearing in 2023, concluded that the company had acted reasonably in managing performance concerns.
Grounds of the Appeal
Mr Saleh challenged the initial decision on three specific grounds. He argued that the Employment Judge had made perverse case management decisions regarding the disclosure of evidence and the redaction of internal messages. Additionally, he contended that the judge failed to correctly apply the law concerning the implied term of mutual trust and confidence by not assessing his claims cumulatively.
The Tribunal's Findings
In his judgment, His Honour Judge Shanks addressed each point raised by the appellant. Regarding disclosure, the EAT found that the Employment Judge's decision to refuse further document production was sound and did not involve overriding previous orders. The tribunal noted that the judge had correctly managed the hearing process, including handling redaction issues that had already been settled by the parties.
Concerning the claim of constructive dismissal, the EAT acknowledged that while the Employment Judge could have more explicitly outlined the legal test for the implied term of trust and confidence, it was clear that he had fully considered the course of conduct as a whole. The EAT concluded that the original judge’s detailed factual findings made it plain that the employer’s actions did not amount to a breach of contract.
The EAT ultimately found that the appellant simply lost his case on the facts, dismissing the appeal in its entirety.
Read the entire judgment here: E Saleh v Singletrack Systems Ltd [2026] EAT 104
