Workplace Report (October 2005)

Law - Dismissal

Constructive dismissal

Case 1: The facts

Typist Brenda Hedgecock's duties were changed to include reception work. She suffered anxiety and stress as a result of performing the new duties and was signed off sick.

Eventually she was signed off as fit to return to work, but she resigned instead, claiming that by imposing the new duties her employer had breached trust and confidence.

The ruling

The Employment Appeal Tribunal (EAT) found that Hedgecock had been offered training and would not have had to work in reception on her own. Her employer had also offered to excuse her from those duties if there were medical grounds, and the EAT noted that her GP had signed her fit to return to work.

It held that there had been no breach of trust and confidence, and that the dismissal was fair.

Hedgecock v Commissioners for HM Revenue & Customs UKEAT/0083/05


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