Employer held to dismiss employee by constructive unfair dismissal by writing to employee with concerns while on sick leave


27 April 2016

By Justin Emerson

In Private Medicine Intermediaries Ltd and others v Hodkinson UKEAT/0134/15, the Employment Appeal Tribunal (“EAT”) considered whether an employee was constructively unfairly dismissed when her employer raised written concerns with her while on sick leave.

The EAT upheld the tribunal’s decision that, in writing to an employee while she was on sick leave for work-related stress, to raise concerns with her employment that were not serious or urgent, the employer was in repudiatory breach of the implied term of mutual trust and confidence, and the employee had been constructively dismissed.

An employee is entitled to damages if dismissed by an employer by way of constructive unfair dismissal.

This is not legal advice; it is intended to provide information of general interest about current legal issues.

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