0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

Home arrow Insights arrow Resources arrow Blogs arrow An apology costs nothing

an apology costs nothing

3 August 2012

If an employer upholds an employee’s grievance can this prevent that employee relying on the treatment as a breach of mutual trust and confidence entitling him to resign and claim constructive dismissal?

In Assamoi v Spirit Pub Company Mr Assamoi raised a grievance about how he had been treated by his manager and soon after resigned. The grievance was upheld by two senior managers but Mr Assamoi refused to return to work even if the manager apologised.

Previous case law makes it clear that an actual breach of contract cannot be cured. However, the Employment Appeal Tribunal held that the manager’s actions were “likely to damage” the relationship of trust and confidence but did not meet the test of being “likely to destroy or seriously damage” the relationship. In upholding the grievance the managers had prevented the situation from escalating and a fundamental breach occurring. However, what an offer amends can’t do, is remedy the breach once it has already occurred.

related opinions

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View blog

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

Retail ATMs and business rates: clarity at last!

Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.

View blog

View all blogs

mailing list sign up



Select which mailings you would like to receive from us.

Sign up

quick links

information

  1. Investors in people
  2. Lexcel
  4. Plain English Campaign Approved

follow us...

© Copyright Browne Jacobson LLP 2020 - All rights reserved