EAT UNFAIR DISMISSAL – Constructive dismissal
Claimant employed as football coach and was appointed manager/head coach of U19’s team. He was told, without any discussion or consultation, that the subsequently appointed Academy Director would be responsible for picking the U19 team, a matter which would also have had significant consequential effects on the Claimant’s role. The Claimant having resigned as a result, claimed unfair constructive dismissal. Employment Tribunal held by the EAT to have erred in law in dismissing his claim. They had no basis to imply a term into the Claimant’s contract regarding the handover of responsibility to the Academy Director, the Tribunal had erred in their conclusion that the lack of consultation was not a breach of the implied term of trust and confidence because an ‘autocratic style of management’ was the norm in the football world and, on the evidence, it was plain that the Claimant had resigned not only because of the removal of important aspects to his managerial role but because of the manner in which it was done. Finding of unfair constructive dismissal substituted and the claim remitted to a freshly constituted Employment Tribunal for assessment of compensation.
Citations:
[2011] UKEAT 0058 – 10 – 1706
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.441835