Are ‘Difficult’ Employees in Breach of Contract?

Posted in : How do I handle it NI on 20 August 2019
Patricia Rooney
Tughans

We have an employee who is disabled. Having sought advice from Occupational Health, we have made reasonable adjustments. However, every time we attempt to interact with this employee, he is difficult and refuses to engage. He says he will only meet with us in the presence of his union representative. We also understand he is about to issue a grievance and may have issued legal proceedings against the Company.  Can we dismiss him on the basis that there is a breach of trust and confidence?

A duty of trust and confidence is usually an applied term within an employment contract. 

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This article is correct at 20/08/2019
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Patricia Rooney
Tughans

The main content of this article was provided by Patricia Rooney. Contact telephone number is 028 9055 3300 or email Patricia.Rooney@tughans.com

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