Lack of impartial grievance appeal was breach of employment contract
By Kevin McCavish
The Employment Appeal Tribunal has ruled that an employer’s failure to provide an impartial grievance appeal could amount to a breach of the implied term of trust and confidence.
It is common for an employee to rely on a breach of the implied term of trust and confidence by his or her employer to form the basis of a constructive dismissal claim. Potentially, the ways in which an employer may breach such term is limitless. However, the breach by the employer must be ‘repudiatory’ (in other words, sufficiently serious as opposed to just unreasonable behaviour) and the employee must accept such breach without delay when resigning and claiming constructive dismissal.
The ACAS Code of Practice on Disciplinary and Grievance Procedures provides that grievance appeals ‘should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case’…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
How do public sector landlords tackle the problem of access in respect of gas safety inspections and fire safety risk in leasehold properties?
OFT launches a market study into residential property management services to leaseholders in England and Wales
The OFT has launched a market study into residential property management services that will look at how the market is working for leaseholders and freeholders in England and Wales.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…