||All England Reporter
|| All ER (D) 62 (Jan)
||Employment Appeal Tribunal
Langstaff J, Ms K Bilgan and Professor D Wickens
||The employee appeared in person.
||The employer appeared by its representative.
||25 October 2005
Unfair dismissal - Constructive dismissal - Reasonableness of employee's resignation - Implied term of trust and confidence - Employment tribunal reading implied term into employee's oral contract - Whether tribunal entitled to imply term.
Where there was no written contract of employment, if evidence existed upon which a tribunal could rely, it was entitled to derive the terms of that contract. In the instant case, the employment tribunal made a finding of fact, that finding of fact was one which the tribunal was entitled to come to, and it was that during periods of sickness, the employee was entitled to be paid her full contractual rate. The tribunal was right to conclude that a failure to withhold money which was due to an employee and to maintain that that sum was not due, and to do so in breach of contract, as the tribunal found, was a sufficiently serious breach justifying that employee resigning.
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