Nick Hurley and Erin Hughes write for Personnel Today on two recent constructive dismissal tribunal cases
Two recent constructive dismissal tribunal cases illustrate the need for employers to be highly vigilant around workplace behaviour and to address grievances promptly.
Constructive dismissal, an often talked about but misunderstood area of employment law, continues to challenge HR professionals and business leaders alike. This concept, where an employee resigns due to a fundamental breach of contract by their employer, underscores the importance of maintaining trust and confidence within the workplace.
Nick Hurley, Partner and Head of Employment, and Erin Hughes, a Trainee Solicitor in the team, look at two recent employment tribunal cases: Mr N Walker v Robsons (Rickmansworth) Limited and Mrs S Hamilton v Epsom and St Helier University Hospitals NHS Trust, in an article for Personnel Today.
Nick and Erin explain that the two cases highlight how seemingly minor workplace behaviours can escalate into significant breaches, leading to constructive dismissal claims. They argue:
Both [of these cases] underline the necessity for employers to be vigilant about workplace behaviours that could damage trust and confidence, and to implement clear policies and training to prevent such situations. By prioritising these aspects, employers can mitigate the risk of constructive (unfair) dismissal claims and maintain a harmonious and productive workplace environment.
Read the full article in Personnel Today here.