In the case of Ms VS v Golders Green College & School of English Ltd a language instructor experienced profound distress and tearfulness when her access to the school premises was obstructed by management, according to a tribunal’s findings.
This event stemmed from a dispute between Golders Green College & School of English and Ms. VS, arising from the unilateral alteration of her contract to zero hours without prior consultation.
The Watford tribunal characterized the school’s leadership conduct as unacceptable, lacking respect for the claimant’s status as a valued employee and disregarding her emotional well-being.
The tribunal determined that the respondent’s imposition of the new contract on the claimant constituted a clear breach of trust and confidence, leading to her constructive unfair dismissal.
Employment judge Bansal said the respondent “breached the implied terms of trust and confidence” and “unilaterally and without any consultation or meaningful discussion imposed a change to the claimant’s contractual terms”.
They added: “In correspondence, the claimant repeatedly opposed this unilateral change and sought meaningful consultation, which DS refused to discuss except on his terms.”
The tribunal found that “the respondent did not have reasonable cause to act in the way it did to impose the new contract” and concluded that Ms VS was constructively dismissed.
In addition, it found the tone of DS’s emails was “unreasonable and unacceptable”, adding: “Such conduct was calculated to damage or destroy the implied term of trust and confidence.”
The respondent agreed to pay the claimant £39,208.47.
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