Implied terms on grievances

Case 8: The facts

Mr Levinson brought a claim of constructive dismissal, on the basis that his employer had not followed its own contractual disciplinary procedure and was in breach of a number of implied terms - including an implied term to have grievances heard properly.

The ruling

The EAT held that, if there is no express term providing a means of redress, there can be an implied term to have a grievance heard. But in this case the employer did have a grievance procedure, so the only additional implied term was that of trust and confidence.

Levinson v Pickfords UKEAT/0985/03