Five Elms Medical Practice v Hayes & Anor (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0345_12_0712 (7 December 2012)

Five Elms Medical Practice v Hayes & Anor (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0345_12_0712 (7 December 2012)

The Employment Tribunal was entitled to find that the Respondent's cumulative conduct, including the manner of the grievance investigation and failure to address Mrs Tilley's grievance, breached the implied term of mutual trust and confidence, justifying her resignation as constructive dismissal. No error of law or...

Source-derived case information.

Citation
[2012] UKEAT 0345_12_0712
Parties
Appellant: Mrs Tilley; Respondent: Five Elms Medical Practice
Jurisdiction
United Kingdom
Judgment Date
07 December 2012
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision on Constructive Unfair Dismissal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Mutual Trust and Confidence
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Mutual Trust and Confidence

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Parties

Mrs Tilley

Appellant

Five Elms Medical Practice

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision on Constructive Unfair Dismissal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding a breach of the implied term of mutual trust and confidence leading to constructive dismissal
  2. 2 Whether the Tribunal misapplied the legal test for constructive dismissal

Ratio Decidendi

The Employment Tribunal was entitled to find that the Respondent's cumulative conduct, including the manner of the grievance investigation and failure to address Mrs Tilley's grievance, breached the implied term of mutual trust and confidence, justifying her resignation as constructive dismissal. No error of law or perversity was shown.

Court Disposition

Appeal dismissed

Orders

  • Finding of constructive unfair dismissal in favour of Mrs Tilley upheld
  • Remedy to be determined at a further hearing