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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.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.
The wage rises will be welcomed by the lowest paid workers but raising the minimum wage levels significantly more than the current rate of inflation will increase pressures on employers.
The Tribunal statistics for the period July to September 2019 have been published and show a continuing rise in single employment tribunal cases.
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