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Constructive Dismissal and Grievances:

Many employers worry that if they uphold the grievance of an employee, it will support a claim of constructive dismissal. However that is not always the case, as can be seen from the case of Assamoi v Spirit Pub Company last month.

In that case Mr Assomoi was head chef and raised a grievance about how his line manager treated him. His grievance was upheld by more senior managers who took steps to rectify the situation.

The EAT found his manager had behaved badly towards Mr Assomoi. However that did not by itself, amount to a breach of the implied term of trust and confidence. The actions of the more senior managers had prevented the matter escalating to a level in which he might be justified in resigning to claim constructive dismissal.

However there is a difference between a) preventing matters from escalating to a breach of the implied term of trust and confidence and b) trying to cure a breach which has already taken place. Once a breach has taken place it cannot be cured as was the case in Bournemouth University Higher Education Corporation v Buckland.