Case report round-up: A breakdown in trust and confidence amounted to a "substantial reason" justifying dismissal
The HR & Compliance Centre's latest case reports cover:
- Unfair dismissal: A breakdown in trust and confidence amounted to a "substantial reason" justifying dismissal In Leach v Office of Communications (Ofcom) [2012] IRLR 839 CA, the Court of Appeal upheld a decision that the employer was entitled, in dismissing the employee, to rely on an official disclosure that he presented a risk to children, and consider the potential reputational damage if the allegations against him were true.
- Constructive dismissal: Employer's conduct had not escalated to a fundamental breach of contract In Assamoi v Spirit Pub Company (Services) Ltd (formerly known as Punch Pub Co Ltd) EAT/0050/11, the EAT held that the employment tribunal was entitled to find that the claimant had not been constructively dismissed. The argument that the tribunal had erroneously found that a fundamental breach had been cured by later conduct could not be accepted since the tribunal had not found that a fundamental breach had occurred at all.
- Unfair dismissal: Resignation in response to reduction in working hours was not constructive unfair dismissal In Welch v Taxi Owners Association (Grangemouth) Ltd EATS/0001/12, the EAT upheld a tribunal finding that an employee who resigned when her employer imposed shorter working hours was not unfairly dismissed. Her constructive dismissal was fair because the reduction was due to genuine business reasons. In these circumstances, there was no room for the employee to argue that the dismissal was unfair because she should have been made redundant.
Also
Week beginning 10 December
2012
Week beginning 3 December
2012
Week beginning 19 November
2012
Week beginning 5 November
2012
Week beginning 22 October
2012
