Employment Law: Unfair Dismissal – Constructive Dismissal – ‘Last Straw’
The case of Bell v The Spirit Group Ltd [2005] concerned a claim for unfair and constructive dismissal. The employment tribunal held that a series of acts, by the employer, cumulatively amounted to repudiation of the employee’s contract of employment.
The employee was a manager of a national chain of pubs and restaurants. He brought a complaint of unfair constructive dismissal against his employer in the employment tribunal on the grounds of failure to support him throughout a period of a year during his career. He alleged that:
he had been harassed by the senior managers regarding changes to his and his wife’s single contracts to a lower-paid joint contract;
he had been bullied and his grievance initially ignored;
his grievance had been partially upheld but the bullying had continued;
the employer’s conduct amounted to a fundamental breach of his contract of employment – the implied term of mutual trust and confidence (the cause of his resignation);
his dismissal had been unfair in all the circumstances.
The...
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