Gibson v SHS Group Ltd [2013] NIIT 00555_13IT (21 August 2013)

Gibson v SHS Group Ltd [2013] NIIT 00555_13IT (21 August 2013)

The tribunal found that the respondent's handling of disciplinary and grievance procedures, failure to provide adequate support, and sidelining the claimant in management decisions constituted a fundamental breach of the implied duty of trust and confidence and the duty of support. The cumulative effect of these acts justified the claimant's resignation and amounted to constructive and unfair dismissal.

Citation
[2013] NIIT 00555_13IT
Parties
Claimant: Elizabeth Ann Gibson; Respondent: SHS Group Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 August 2013
Procedural Posture
Industrial Tribunal (northern Ireland) / Final Judgment
Outcome
Claimant was unfairly constructively dismissed.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Duty of Trust and Confidence, Duty of Support, Grievance Procedures
Employment Law Constructive Dismissal Unfair Dismissal Implied Duty of Trust and Confidence Duty of Support Grievance Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Elizabeth Ann Gibson

Claimant

SHS Group Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed when she resigned on 17 December 2012
  2. 2 Whether the respondent fundamentally breached its duty of implied trust and confidence or duty of care and support
  3. 3 Whether the breach was fundamental so as to justify resignation and whether the dismissal was unfair

Ratio Decidendi

The tribunal found that the respondent's handling of disciplinary and grievance procedures, failure to provide adequate support, and sidelining the claimant in management decisions constituted a fundamental breach of the implied duty of trust and confidence and the duty of support. The cumulative effect of these acts justified the claimant's resignation and amounted to constructive and unfair dismissal.

Court Disposition

Claimant was unfairly constructively dismissed.

Orders

  • Respondent to pay claimant £13,748.83 as compensation for unfair dismissal.