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Suspension on pay in unwarranted circumstances breached implied term of trust and confidence

Makbool Javaid

In Upton-Hansen Architects Ltd v Gyftaki, G became aware she may have to go to Greece to deal with family matters and bought a plane ticket just in case. Two weeks later the need materialised. G emailed her manager requesting permission, but while G thought she had been given permission, the manger believed he had just acknowledged receipt of the email. He refused permission, but G said she had to go and would take the absence as unpaid leave. When G returned to work, she was suspended pending an investigation. The ET found the reason was that the employer was nervous G was likely to be upset, would behave inappropriately at work and possibly breach confidentiality obligations. The EAT agreed with the ET that the employer had breached the implied term of trust and confidence and G had been constructively dismissed. No evidence supported the employer’s reasons for suspension, they were not the reasons given to G and suspension was not warranted in the circumstances. 

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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