EAT CONTRACT OF EMPLOYMENT – Implied term / variation / construction of term
UNFAIR DISMISSAL – Constructive dismissal
The Employment Tribunal erred in holding that it was necessary in order for a term to be implied into an employee’s contract of employment as a result of custom and practice that it must be widely known by other employees. The different bases advanced by the Respondent for upholding the decision on implied term were rejected. Further the Employment Tribunal erred in failing to consider or to give reasons for rejecting important matters advanced by the Claimant to support an allegation of breach of trust and confidence entitling him to resign and claim constructive dismissal. Appeal allowed. Claim remitted to an Employment Tribunal.
Judges:
Slade DBE J
Citations:
[2017] UKEAT 0310 – 16 – 0706
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590426
