Employment Law: Unfair Dismissal - Constructive Dismissal - 'Last Straw'Posted by Nick Niesen on October 27th, 2010 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; The EAT found that:- the test for constructive dismissal was whether the employer's conduct amounted to a repudiatory breach of the employee's contract of employment in relation to the implied term of mutual trust and confidence; Email: enquiries@rtcoopers.com © RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances. Like it? Share it!More by this author |