Trudi McBurney v Positive Futures (CASE REF: 2672/14)Posted In: Case Law
Legal BodyNI Industrial/Employment Tribunal (NIIET)
Type of Claim / JurisdictionUnfair Dismissal
The claimant was employed as a Support Worker. She resigned and claimed constructive dismissal, arguing that her hours had not been properly reduced. There had been an agreement, at the request of the claimant, that she would not work in excess of 37.5 hours per week. There was a factual disagreement between both sides in relation to the specifics of the work pattern but the claimant claimed, inter alia, a breach of the implied term of mutual trust and confidence pursuant to the alleged breach of the agreement as to hours. The tribunal held that there was no fundamental breach of contract and cited the fact that the claimant did not actually raise many grievances to management until a
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