The EAT held in this case that the conduct of disciplinary proceedings was so unreasonable as to constitute a fundamental breach of contract entitling the employee to resign and claim constructive dismissal.
The employee in this case was suspended on full pay during the investigation of allegations of gross misconduct. The letter suspending him failed to adequately specify the allegations against him and attached labels to them which were held to be positively misleading. It also contained allegations of gross misconduct and dishonesty without there being an adequate basis for making such allegations.
The employee lived on the work premises and was instructed to remain on the premises during his period of suspension, save for attending to his personal requirements, and to ensure that he made himself available for investigatory or disciplinary meetings.
During the suspension period, contrary to his employer’s instruction, he went away for a weekend. Upon his return he was summoned to a meeting without any prior notice with his line manager who unreasonably criticised him for going away, saying that his weekend trip amounted to a breach of the terms of the suspension.
After the meeting the employee wrote to the employer complaining about the involvement of his line manager whose personal integrity he questioned. However, he did say that he would be willing to cooperate fully in any investigation conducted by a person who was not involved in the matter. He refused to attend a further meeting arranged by his line manager and resigned, claiming unfair constructive dismissal.
Upon hearing his claim the Employment Tribunal found that the employer had committed a repudiatory breach of his contract of employment, and that he had resigned in response to that breach. Accordingly, he won his claim for unfair constructive dismissal.
The Employment Appeal Tribunal, upholding the Employment Tribunal’s decision, said that the employer’s initiation and subsequent conduct of disciplinary proceedings was so unreasonable as to constitute a fundamental breach of contract entitling him to resign and claim constructive dismissal. The Employment Appeal Tribunal also accepted that he had resigned in response to that breach.
Working Men’s Club & Institute Union Ltd v Balls.
