CONSTRUCTIVE DISMISSAL: Mutual Trust & Confidence - what's it all about?

Подписаться 45 тыс.

Просмотров 17 тыс.

50% 1

Discover the most common type of constructive dismissal claim: that involving a breach of the implied term of trust and confidence. I'll talk about the legal definition first, and then give you several examples of how it works in practice, including dodgy disciplinaries and grievance processes, making negative comments, overstepping the managerial mark, bonues and payrises, and other examples.
0:00 - Intro
1:27 - Legal definition of 'trust and confidence'
4:42 - What does 'reasonable and proper cause' mean?
6:26 - What sort of things can breach the implied duty of trust and confidence?
6:53 - Disciplinary and grievance processes
9:32 - Negative comments about an employee
11:54 - Overstepping the managerial mark
13:00 - Bonuses and pay rises
14:45 - Other things that can breach trust and confidence
CASES MENTIONED
Malik v Bank of Credit and Commerce International [1997] IRLR 462
Tullett Prebon v BGC Brokers [2011] IRLR 420
Transco v O'Brien [2002] IRLR 444
Hilton v Shiner [2001] IRLR 727
Amnesty International v Ahmed [2009] IRLR 884
Blackburn v Aldi [2013] IRLR 846
RDF Media v Clements [2008] IRLR 207
United Bank v Akhtar [1989] IRLR 507
UB v Elsworthy (EAT/254/91)
📚 MY BOOKS
Employment Law Handbook - www.employmentlawhandbook.co.uk
Resolving Grievances - go.danielbarnett.com/books/gr...
Constructive Dismissal - go.danielbarnett.com/books/co...
Employee Investigations - go.danielbarnett.com/books/in...
Deconstructing TUPE - go.danielbarnett.com/books/tupe
All small books - go.danielbarnett.com/books
🎁 FREE STUFF
Employment law updates - www.danielbarnett.co.uk
Employer’s guide to redundancy - go.danielbarnett.com/free/red...
Podcast - go.danielbarnett.com/podcast
Sources of free legal advice (video) - • 15 ways to get FREE le...
Deconstructing TUPE (video course) - go.danielbarnett.com/courses/...
💎 PRODUCTS, MEMBERSHIPS AND COURSES:
Virtual Employment Law Academy - virtualemploymentlawacademy.com
The HR Inner Circle - hrinnercircle.co.uk
HR Policies - policies2023.com
Chat GPT for lawyers & HR - danielbarnett.com/chatgpt/
Getting Redundancy Right - gettingredundancyright.com
Changing Terms and Conditions course - courses.virtualemploymentlawa...
Marketing your Employment Law Practice - go.danielbarnett.com/courses/...
Own-branded email updates for solicitors - www.employmentlawbulletins.com
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (www.danielbarnett.co.uk) and work out of a set of Chambers in London (www.outertemple.com). I have a weekly podcast (go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (www.lbc.co.uk), the UK’s leading commercial talk radio station with an audience of 2.8m listeners, every Saturday night at 9pm.
☎️ CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: / daniel_barnett
Mailing list: www.danielbarnett.co.uk/site/...
Podcast: go.danielbarnett.com/podcast
Subscribe to this channel - click ‘SUBSCRIBE’ above
Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.
♨️ IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (July 2021), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.

Опубликовано:

29 июл 2024

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист

Посмотреть позже

Комментарии : 22

@davidgleeson9225 Год назад

I love your video's as an employee it is simply more reasonable to study your plan of attack and defence than from the other side of the coin so to speak ... shallom or not

@crumdub12 3 года назад

Great stuff Daniel, thank you for your videos

@guitarlover302 Год назад

As ever very useful as taking employment law exam on 4th August - brilliant series ! Thank you so much 😊

@rachaelpwells 2 года назад

Thank you, very informative info 🙂

@claudiaphillips7063 8 месяцев назад

Thank you. You have given me all the advice I need. I will be seeking a solicitor.

@aps-pictures9335 23 дня назад

This was all over the place

@philipaddyman7402 6 месяцев назад

Thank you, sir!

@johnpaulblue 11 месяцев назад

Great video 😊

@theicemaiden5816 Год назад

What about when an employer uses SOSR as a constructive dismissal tool to force the employee out of the workplace?

@ghostghost7067 Год назад

really good video

@Black.Sabbath 11 месяцев назад

00:40 What about if I have to resign because my job description/responsibilities were completely absolved? 1:10 1:59 Thank goodness for this. I think the law is on my side. 3:41 Everybody but him 5:39

@MrFlodo Год назад

Love the video! Still relevant to challenges faced by employees every day! Question, does an employee remaining at their employer after a break of contract remove their ability to bring legal action in the future? Thanks.

@davidgleeson9225 Год назад

Gonna say not at all and the reason why If you strike the record clean si be it And a maxim in law is We are All equal under law ( not legislation ) It is human to error it is Devine to forgive But don't take the piss

@revelation3679 Год назад

Daniel, is it the case that an Employment Tribunal can only permit allegations of a breach of the implied term of trust and confidence if it is accompanied by some type of dismissal? Can an employee include allegations of a breach of the ITTC as part of an ET claim when they have neither been unfairly dismissed nor acquiesced to Constructive Dismissal? I am aware that there is no statutory basis for claims relating to the ITTC and therefore no statutory prohibition on its enforcement either but that judges are typically minded to resist claims relating to the ITTC outside of unfair dismissal claims, however, what latitude/discretion does an Employment Tribunal have in deciding whether to permit such claims? Are they actually barred from doing so? Is there any actual official guidance on enforcement, or is it simply an unwritten rule/best practise model they follow? Thanks in advance with kind regards

@dissonantiacognitiva7438 Месяц назад

Is there a 3 months deadline for a grievance to be dealt with otherwise it becomes constructive dismissal?

@yesdee1972 3 года назад

Can the employer be taken to ET for breach of Mutual Trust & Confidence and still be employed?

@amritlohia8240 2 года назад

No - you would have to resign in order to claim constructive dismissal.

@Black.Sabbath 11 месяцев назад

So is it better to resign if my responsibilities have been handed to someone else and my job title completely lied about, or do I stay and say I'm not doing jobs not in my job description, and get fired, will that affect my case?