Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for UK employers.
Engaging in a grievance procedure did not affirm the employer's breach of contract
An employee is constructively dismissed if "the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer's conduct". This includes a repudiatory breach by the employer of an express or implied term of the contract, where the employee resigns (with or without notice) in response to that breach, and does not unreasonably delay before resigning.
What amounts to an unreasonable delay is the subject of much case law, but a recent Employment Appeal Tribunal judgment underlines that following an internal appeal or grievance process will not generally mean that the employee loses their right to claim constructive dismissal.
Here, the employee submitted a grievance in April 2020 alleging discrimination and breach of the implied term of mutual trust and confidence. During email discussions about documentation, she wrote "I reserve all of my rights". In June 2020 the employee resigned by email with immediate effect asserting a breach of trust and confidence. Her grievance was dismissed in August 2020.
The Employment Tribunal found that the employer had breached the implied term of trust and confidence, but dismissed the employee's constructive dismissal claim as,...
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