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Employers will be delighted to hear that an Employment Appeal Tribunal (EAT) has handed down a decision related to Constructive Dismissal claims made by an employee. This decision provides that if an employee is in breach of the implied duty of trust and confidence at the time of resignation, he/she is not entitled to terminate the contract on the basis that the employer has breached that term. This surrounded the case of Aberdeen City Council V NcNeill that revoked the original Tribunal's decision and dismissed the Claimant's claim for constructive dismissal on the basis that the Claimant was himself in material breach of the implied duty of trust and confidence.
This is good news for employers dealing with employee conduct issues where the employee resigns and makes a claim for constructive dismissal alleging that the employer following the process of investigation or discipline is harassment or victimisation.
Employers, however, will still need to defend a claim if made to Tribunal, which is a costly exercise, the average being in the region of £12,000 - £15,000 plus management time. The best option remains to proactively manage matters with the clear intent to resolve them, without being moved to a position of defending actions at Tribunal.
Spirit HR has an excellent reputation for working closely with clients to actively manage difficult issuesto the best possible outcome for the business. Email us or ring us on 0845 463 3231 to discuss how we can help you.
