Weetabix manager was constructively dismissed finds employment tribunal

A once-happy long-serving Weetabix employee was constructively dismissed, an employment tribunal has concluded.

Gary Mobbs, Weetabix’s UK health, safety and environmental manager, said his first 25 years at the Burton Latimer cereal giant were ‘happy’.

But he was forced to resign after a series of events stemming from the management style of his immediate boss John Petre.

Employment Judge Hutchings heard that in contravention of Weetabix’s own Dignity at Work Policy (DWP) and Code of Conduct policies Mr Mobbs was sworn at multiple times by Mr Petre and subsequent investigations by the company’s management left Mr Mobbs with no alternative than to resign.

The Tribunal Judge accepted Mr Mobbs’ version of events that Mr Petre used ‘unprofessional and abusive’ language.

The hearing heard Mr Petre’s ‘direct and challenging management style’ included:

“I’m p*ssed off, when I ask for this completing, I want it completing”

“..what the f*** is he playing at sending that document out? What an idiot.”

“We had better not give it to him as he may start crying.”

“…don’t inconvenience me with your poor organising skills….sort yourself out.”

“….your role here is to provide me with the investigation highlights and if there are any failures my job is to publicly humiliate [name removed] and [name removed] in the Monday OLT.”

In order to establish constructive dismissal, an employee must show that the employer has committed a breach of contract – express or implied – which causes an employee to resign and that the breach is sufficiently serious to justify the employee resigning or is the last in the series of incidents which justify their leaving.

Mr Mobbs began working at Weetabix in September 1993. In July 2012, he was promoted to health and safety manager. In March 2017 he was promoted to UK health, safety and environmental manager, a senior position, and was responsible for plant safety.

From 2018 to his resignation, his line manager was Mr Petre. Initially their relationship was ‘positive’ but he then experienced difficulties in his working relationship with Mr Petre finding his ‘direct management style’ was ‘uncompromising’

Over the space of two years, Mr Mobbs’ health began to suffer. On September 24, 2018, Mr Mobbs gave his verbal resignation to Mr Petre, as he said he found Mr Petre’s management ‘techniques’ created a ‘difficult working relationship’.

The tribunal heard that after a meeting Mr Petre agreed to change his behaviour, accepting that he was ‘open to operating differently’ – Mr Mobbs retracted his resignation, remaining at Weetabix under Mr Petre’s line management.

Matters came to a head in November 2019 when a safety issue arose at Weetabix’s Corby factory. Mr Mobbs alleged Mr Petre accused him of jeopardising the ‘commercial interests of the business’ over a safety incident.

But the Tribunal Judge preferred Mr Mobbs’ version of events and that Mr Petre raised his voice to Mr Mobbs’ not allowing him to speak.

A drawn out, official internal grievance procedure against Mr Petre raised by Mr Mobbs followed but his grievance was not upheld. He appealed the decision and sought help through the company’s HR department asking for an occupational health assessment. During this time Mr Petre was promoted higher to a director role.

On June 11, 2020 Mr Mobbs sent a letter of resignation to Weetabix. In it he stated the bullying and harassment by Mr Petre as the reasons for his resignation and his view that Weetabix had not conducted a fair investigation.

In oral evidence Mr Mobbs told the tribunal that his ‘anxiety was at a height such that he had no choice but to give up a high paid job’.

Mr Mobbs then sought recourse to the law for unfair dismissal.

The judge said: “I have considered Mr Petre’s behaviour as Mr Mobbs’ line manager from 2017 to his resignation, in particular the events in April 2019, October 2019 and November 2019 about which Mr Mobbs complained.

"I have found that Mr Petre used unprofessional and abusive language on the occasions Mr Mobbs identified, shouting at him and swearing about a colleague in front of Mr Mobbs.

“I have found that other staff told Ms Morton (HR business partner at the time of Mr Mobbs’ resignation) that Mr Petre’s behaviour could be humiliating.

“Based on these findings about his behaviour and my findings about Mr Petre’s seniority, the provisions of the DWP, that intent, management style and apology do not mitigate nor, in my judgment, does the number of incidents given the language used, I conclude that Mr Petre’s behaviour to Mr Mobbs was sufficiently serious that it was likely to breach the term of trust and confidence.”

The tribunal judge decided the claimant’s complaint of unfair dismissal is well founded and the claimant was constructively dismissed.

A spokesman for the Mobbs family told the Northants Telegraph: “It is disappointing that Weetabix leadership continue to defend a flawed investigation. Policies and behavioural standards exist to protect the dignity of Weetabix employees, and those policies and standards must be properly applied and followed.”

It is understood that Mr Petre continues to be employed by Weetabix.

Following the tribunal, a spokesman for Weetabix said: “We are proud of our reputation as a fair and inclusive employer. We expect the highest standards of conduct from all Weetabix employees, so undertook a full investigation when this matter came to light. Whilst we respect the tribunal judgement, we are confident in our grievance handling processes and the steps taken, so consider this matter closed."