Anne McLarnin v Abbey Insurance Brokers Ltd [2015]

Posted In: Case Law
  • Case Reference
    NIIT 1168/15
  • Legal Body
  • Type of Claim / Jurisdiction
Issues covered: Constructive Dismissal; Mobility Clause; Conduct; Reasonable Instruction

The claimant alleged that she had been unfairly constructively dismissed from her employment as manager of one the respondent’s branches. It was argued that there were 4 separate fundamental breaches surrounding an attempt to transfer and demote the claimant to a different position in a different branch.

It was the respondent’s contention that the claimant failed to accept a move which effectively amounted to failure to comply with a reasonable work instruction and was misconduct. Whilst there were a number of issues in the case, the respondent’s reliance on a contractual ‘mobility clause’ is of note as they pointed to it to argue that the employer had the ultimate power to move an employee

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This article is correct at 21/01/2016
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