assamoi_spiritEAT2012
EAT UNFAIR DISMISSAL – Constructive dismissal
The Claimant worked as a head chef. He had rather a turbulent period of employment with his employer. The Tribunal made a finding that the Claimant’s manager had acted in a way likely to damage the relationship of trust and confidence. However in the investigation senior management vindicated the Claimant’s position. The Employment Tribunal found that this prevented the acts of the immediate manager constituting a breach of the implied term. The main ground of the appeal was that this was a misdirection in the light of Bournemouth University Higher Education Corporation v Buckland [2010] ICR 908 CA. This was rejected on the basis that the facts of the case were very different. There is a distinction between preventing matters escalating into a breach of the implied term of mutual trust and confidence and trying to cure a breach which has already taken place.
Pugsley J
[2011] UKEAT 0050 – 20 – 3007
Bailii
England and Wales
Citing:
Cited – Buckland v Bournemouth University Higher Education Corporation CA 24-Feb-2010
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 November 2021; Ref: scu.463348