Constructive dismissal

More than a year ago a manager bullied one of my members. The member didn't pursue the issue as he then went off sick suffering from depression. He has now accepted ill-health retirement and wants to know whether he can take a constructive dismissal claim over the bullying incident.

It would be difficult for him to succeed with the claim after some time has passed. In a recent case the EAT accepted that a breach of contract has no time limit. However, where the employee affirms the contract by continuing in employment, and the subsequent conduct of the employer does not amount, separately or cumulatively, to a breach of contract, he cannot claim constructive dismissal at a later stage.

* More information: Johnson v Bank of England EAT/0334/02