Case Study: Possible Breach Of Contract

791 Words 4 Pages
Possible breach of Contract
The implied terms between an employee and an employer. That main implied duties includes providing the correct health and safety, working environment, to deal with issues, given reasonable notices. (Clarke, 2000) The implied duties of employees to the employer includes adaptability, reasonable care, skill, and having the trust and confidence. Assuming Shirley’s status as employee has been recognised, this suggests that the company is liable under the Unfair Dismissal laws. Within the case study, this confidentiality has been broken because the case was discussed with customer and this was breaking the trust of the employee, that put Shirley in a vulnerable and embarrassing situation.
The treatment of equality between
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This can be satisfied by the fact that Shirley has been working for 10 years, although there is an exception for this that are regarded as unfair or fair automatically. Under the Employment Rights Act 1996 section 95 the situation that Shirley has faced is constructive dismissal. A constructive dismissal is the dismissal through a continuation of a breach that means the contract is over. In turn, the person resigns immediately. The constructive dismissal requires the breach of implied terms or expressed terms. The fair reasoning for dismissal includes several of reasons; the case study has focused on the capability of the communication skills of Shirley that comes under one of the two category as poor performance. Hogg v Dover College [1990] also lays out the range of reasonable responses test that showed if there was constructive …show more content…
Constructive dismissal also shows the factors that include bullying and harassment. In addition, there is factors such constantly observed that could come und er the factors forced to accept the unreasonable changes due the constant changes. In addition, Shirley left straight away this could add to the factors of the above. In other words, it argued that the constructive dismissal laws are there to allow fair control of employees from managers. (Collins, 2011) British Aircraft Corporation vs Austin [1978] does show the extreme case of constructive dismissal. Shows the test of constructive dismissal as unrespectable for employee to face the conclusion of the employer’s conduct. However, in the case of Abbey National PLC v Fairbrother [2007] used the reasonable responses test to decide the employers conduct. (Cabrelli, 2011) Amanda had used the phrase “she could do what she liked as she was a

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