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Employee "berated like a child" wins constructive dismissal case

A recent case has demonstrated how not to treat your employees.

The employee was an accounts assistant and had lodged a grievance in relation to being bullied by his manager. When this was upheld, his manager was changed but things did not improve. He was given extra work with short-time limits which were impossible to complete, wrongly accused of under performing and subject to a capability procedure and being subject to passive aggressive behaviour from senior management. He was also found to have been led to the middle of an open plan office and “berated like a child” for several minutes in front of colleagues.

He resigned with immediate effect and the tribunal upheld his claim for constructive unfair dismissal. The employer’s conduct was such that it was likely to destroy, or did infact destroy, the implied term of trust and confidence which exists in every employment contract.

The parties were given 14 days to settle the financial element of the claim, failing which a remedy hearing would be held.



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