The EAT has held that an employer`s failure to provide an impartial grievance appeal process can amount to a breach of the implied term of trust and confidence and form the basis of a constructive dismissal claim. In Blackburn v Aldi Stores Ltd UKEAT/0185/12, the same manager who heard the grievance hearing, also heard the appeal, dismissing the appeal following a 20 minute hearing. The employee resigned and claimed constructive dismissal.
The EAT found that the tribunal had wrongly concluded that such a claim could only be brought where there was a breach of an express contractual term. The case has been remitted to the same tribunal to decide whether, on the fact of the case, the failure to provide an impartial appeal amounted to a breach of the implied term of trust and confidence.