Employment Law - Unfair Dismissal - Constructive Dismissal
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Employment Law: Unfair and Constructive Dismissal
Case Overview: Thornley v Land Securities Trillium Ltd (2005)
This case involved a claim of unfair and constructive dismissal by an employee who argued that her employer fundamentally breached her employment contract by changing her job description. The Tribunal supported her claim.
Background
Originally employed by the BBC as an architect in the construction management department, the employee's role, along with a significant portion of the department, was transferred to Thornley under the Transfer of Undertakings (Protection of Employment) Regulations 1982 on November 12, 2001.
Following the transfer, Thornley announced a departmental restructuring that would shift the employee's role from hands-on architectural work to a managerial position. On October 1, 2002, she expressed her concerns in a meeting, believing her position was being made redundant. She communicated to her employer that the restructuring was diminishing her professional skills and effectively making her redundant. On December 8, she reiterated her grievance, stating the new role did not match her original job specification.
Grievance and Resignation
After a grievance hearing on January 28, 2003, she was informed her position was not redundant. Nonetheless, she resigned on February 13, citing constructive dismissal and filed a claim with the employment tribunal.
The tribunal concluded that the imposition of a new job description constituted a fundamental breach of her contract, entitling her to resign and be considered as unfairly dismissed. The employer appealed this decision.
Appeal and Decision
The employer's appeal argued that the tribunal misinterpreted the employee's contract and that its decision was unreasonable. The Employment Appeal Tribunal (EAT) was tasked with determining whether:
- The extent of the employee's original duties were misjudged.
- The proposed changes to these duties were justified.
- The employer's alteration amounted to a fundamental breach of contract.
The EAT dismissed the appeal, affirming:
- The Tribunal correctly identified a fundamental breach of contract due to the changes in duties.
- The employee's express contractual duties were correctly understood.
- The changes significantly altered the nature of her work, leading to a loss of her architectural skills.
- The employer was not entitled to make such substantial changes to her role without breaching the contract.
For more information, contact us at:
Email: enquiries@rtcoopers.com
Note: This briefing provides a general overview and does not constitute legal advice. For specific situations, seek professional legal guidance.
© RT Coopers, 2005.
You can find the original non-AI version of this article here: Employment Law - Unfair Dismissal - Constructive Dismissal.
You can browse and read all the articles for free. If you want to use them and get PLR and MRR rights, you need to buy the pack. Learn more about this pack of over 100 000 MRR and PLR articles.