0207 118 0950
Request a call
mobile-navigation

Constructive Dismissal and Grievances

Posted on August 03, 2012

This is an example of one of our archived weekly email bulletins on employment law. It should not be relied upon without specific legal advice. To subscribe to our free weekly bulletin service, click on the button on the left.
Call us today for a free initial chat on 0207 118 0950. Email us at info@reculversolicitors.co.uk

 

Constructive Dismissal and Grievances:

Many employers worry that if they uphold the grievance of an employee, it will support a claim of constructive dismissal. However that is not always the case, as can be seen from the case of Assamoi v Spirit Pub Company last month.

 

In that case Mr Assomoi was head chef and raised a grievance about how his line manager treated him. His grievance was upheld by more senior managers who took steps to rectify the situation.

 

The EAT found his manager had behaved badly towards Mr Assomoi. However that did not by itself, amount to a breach of the implied term of trust and confidence. The actions of the more senior managers had prevented the matter escalating to a level in which he might be justified in resigning to claim constructive dismissal.

 

However there is a difference between a) preventing matters from escalating to a breach of the implied term of trust and confidence and b) trying to cure a breach which has already taken place. Once a breach has taken place it cannot be cured as was the case in Bournemouth University Higher Education Corporation v Buckland.

Read more on Constructive Dismissal.

Talk to us today to get advice from London Employment Solicitors and Lawyers.

Posted in: law

Tagged:

Copyright 2022 - Reculver Solicitors - Reculver Solicitors Ltd (Company No. 6910066) 27 Old Gloucester Street, London WC1N 3AX .