Can you dismiss an employee for breach of trust? How would a Tribunal see this?
Posted in : First Tuesday Q&A NI on 3 September 2013
Arthur Cox
Arthur Cox
Dismissing for breach of trust / trust and confidence is possible and falls into the category of dismissing for “some other substantial reason”. This type of dismissal should, however, be handled with caution as Tribunals are likely to look carefully at the surrounding circumstances to determine if this is the genuine reason for dismissal.
Case law has warned that a breakdown in trust and confidence must not be a “convenient label" to stick on any situation where the employer cannot easily rely on one of the fair reasons for dismissal.
For example, in the GB EAT case McFarlane v Relate Avon Ltd [2010] IRLR 196 (EAT), a relationship counsellor had been in dispute with his employer over
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Back to Q&A's This article is correct at 02/09/2015
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Arthur Cox
Arthur Cox
The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com
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