This case involved a claim of constructive dismissal. The complainant had been a Retail Supervisor and submitted that she had been demoted following an open competition for a new role of 'Team Leader'. She claimed that there was no material difference between her current role as Retail Supervisor and that of the new advertised role of Team Leader. The complainant alleged that she had unsuccessfully attempted to raise her concerns about the situation prior to the competition and that in the circumstances a grievance procedure was not appropriate.

She claimed that she had been persuaded, by the Managing Director (MD) of the respondent company, to apply for the role of Team Leader, but to her shock was not successful.