Constructive dismissal and breach of the implied term of trust and confidence

The Employment Appeal Tribunal (EAT) has held that an employer's failure to provide an impartial grievance appeal process (by allowing an employee to appeal to a different manager than the one who had heard the original grievance) could amount to a breach of the implied term of trust and confidence.

Whether such an incident amounts to a breach will depend on the facts, including the size of the business and its ability to provide an independent senior manager. A breach of the implied term of trust and confidence may entitle an employee to resign and claim constructive dismissal without having to rely on breach of an express contractual term.