Employee’s subjective view not relevant to whether employer in fundamental breach (Healy v Slough Borough Council)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: An employee’s subjective view on whether the employer has breached the implied term of trust and confidence is not relevant to whether an employer is in fundamental breach of contract so as to found an employee’s claim of constructive dismissal, according to obiter comments by the EAT.