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Constructive dismissal special
Jul 8, 2010
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The recent case of Hunter v Timber
Components (UK) Limited confirmed that an employee can establish a claim
for constructive dismissal based on his employer’s treatment of fellow workers,
even though he himself has not been mistreated, reports partner Will Morse.
The claim was brought by Mr Hunter, a joiner employed by Timber Components for
over 20 years. He resigned because he was no longer prepared to witness
the way that the owner’s son, a director, bullied and intimidated other
employees.
The facts of this particular case meant that Mr Hunter failed in his claim for
constructive dismissal. However it confirmed the principle that an employer’s
conduct towards a member of staff may entitle a co-worker to regard the
employer as having breached the implied term of trust and confidence that is
present in all employment contracts.
It is an important case in many respects, but particularly in relation to
situations where employers are having difficulties with one employee (maybe one
who has been with them for less than a year).
The employer may not realise that, in the
course of dealing with that worker, their actions may be relied on by another
employee as the basis of a claim against them.
The key thing to bear in mind with constructive dismissal is that the
employer’s motive for the action (or omission) in question is not relevant. The
important thing is that they have behaved in such a way as to call into
question the implied term of trust and confidence.