Law Queries

We work in a large supermarket. One of our members was shouted at in an abusive manner by the supervisor in full view of shoppers who were in the supermarket at the time. Our member was so distraught that she immediately walked out. Can she take any legal action against the company for allowing this? It is not the first employee this has happened to.

If your member has at least a year's service she/he may be able to pursue a constructive dismissal claim against the employer if the supervisor's actions amounted to a breach of the implied contractual term of trust and confidence. The Employment Appeal Tribunal has recently ruled that this kind of conduct can amount to a breach of the implied term. It has said that this occurs where the conduct complained of is sufficiently serious. In such circumstances it amounts to what the courts describe as "repudiatory conduct" which entitles the employee to resign and claim constructive dismissal.

* More information: Morrow v Safeway Stores [2002] IRLR 9