Daniel Barnett’s regular news alert brought the case of Aberdeen City Council v McNeill to my attention. It provides a useful reminder about who must be in breach of the contract of employment before an employee can pursue a claim for constructive dismissal.
The facts were these:
Mr McNeill was a long standing employee of the Council. He became embroiled in disciplinary proceedings when his line manager was suspended pending investigation of alleged misconduct of a financial nature. The Claimant believed he had heard his line manager and a female employee, on two occasions, engaging in sexual activity together. It appears he was rather indiscreet in keeping this information to himself and was himself suspended for breaching confidentiality, as well as making defamatory remarks about a female colleague. That same female colleague alleged harassment, sexual harassment and bullying against Mr McNeill.
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Constructive Dismissal: Good news for Employers?
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