- Constructive Dismissal Claim Cannot be Brought if Employee in Breach of Implied Duty of Trust and Confidence
- March 15, 2010 | Author: Alex Denny
- Law Firm: Faegre & Benson LLP - London Office
The Employment Appeals Tribunal (EAT) has held in Aberdeen City Council v McNeill UKEATS/0037/08 that if an employee is in breach of the implied duty of trust and confidence at the time of their resignation, they are not entitled to then repudiate their employment contract on the basis that the employer has breached that term.
In reaching its decision, the EAT found that the Tribunal had not considered the seriousness of all of the Claimant's acts of misconduct, which included bullying, intimidating, harassing and threatening behaviour towards his staff, sexual harassment, intoxication at work and dishonesty.
The EAT held that the Claimant's conduct amounted to a repudiatory breach disentitling him from claiming unfair dismissal following his resignation. It therefore revoked the judgment of the Tribunal and dismissed the Claimant's claim for constructive dismissal on the basis that the Claimant was himself in material breach of the implied duty of trust and confidence.