Unfair Dismissal – Constructive dismissal 1. The Employment Tribunal erred in concluding that the Claimant’s suspension was a knee jerk reaction and unjustified. Suspension followed a full investigation into IT misuse by the Claimant that concluded there was a case to answer. Further, the findings that led the Employment Tribunal to conclude that suspension was unjustified were unsupported by the evidence, and the Employment Tribunal’s analysis was flawed. 2. In the circumstances, the Employment Tribunal’s conclusion that there was a breach of the implied term of trust and confidence on this basis (that entitled the Claimant to resign claiming constructive dismissal) could not stand and was remitted to a fresh Tribunal.
Citations:
[2017] UKEAT 0257 – 16 – 1807
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 April 2022; Ref: scu.603711