EAT CONTRACT OF EMPLOYMENT: WRONGFUL DISMISSAL
UNFAIR DISMISSAL: CONSTRUCTIVE DISMISSAL
PRACTICE AND PROCEDURE: PERVERSITY
An employee claimed that a Tribunal was perverse to reject his claim that the employer must have been in breach of the implied term of trust and confidence in circumstances where he had refused to provide a company car of the style requested by the employee, then criticised the employee to a junior employee and others outside the company for the way he handled complaints about the car he was given, then circulated – to the same junior employee and outsiders – an ‘apology’ from the line manager who had done this, before as a last straw rejecting an appeal in respect of an internal grievance so tersely as to provide little or no reason for its rejection. The Employment Appeal Tribunal held that although such conduct might often, even usually, amount to a breach of the implied term, the Tribunal here was entitled, by regard to the context, to determine the claims against the employee as it had.
Citations:
[2010] UKEAT 0355 – 09 – 2101
Links:
Employment
Updated: 14 August 2022; Ref: scu.396734