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Employment Disputes and Tribunal Claims
Under UK law every employment contract contains the implied term of trust and confidence which broadly means that the employer must not act unreasonably towards an employee. This implied term can be broken simply by handling a workplace issue or grievance in the wrong way and in a serious case this might lead to the employee resigning and claiming constructive dismissal.
Usually when it has not been possible to resolve an issue informally, the employee will raise a formal grievance. In order to comply with the implied term the employer must follow an appropriate grievance procedure whatever he thinks of the grievance itself. If the employer rejects the grievance but has nevertheless followed the procedure correctly, then no claim will arise on procedural grounds although of course, it may arise in connection with the underlying issue that has been raised. These are often more complex than they appear at first. An issue raised on the contract of employment for example, may not be resolved simply by looking at the contract as it might not be sufficiently clear or it might not be consistent with custom and practice within the organisation. Issues relating to conduct would have to be resolved by establishing the facts but there may be different versions of the facts from different people making it harder to come to a conclusion.
Our employment law team can help you to resolve any issues you have with employees at whatever stage they have reached although it is naturally best to achieve this at an early stage before relationships start to break down.
If it proves impossible to resolve an agreement with an employee by agreement and it becomes the subject of an employment Tribunal claim our team can represent you in such proceedings in order to achieve the best possible outcome.
Head of Employment & Intellectual Property