The Employment Appeal Tribunal has held in the case Assamoi v Spirit Pub Company that where an employer behaves badly, but not so as to justify an employee resigning, fair minded subsequent acts can prevent escalation into a situation that would justify the employee leaving and claiming constructive dismissal.

What does this mean?

If an employee raises a grievance it may be possible to prevent the matter escalating into a constructive dismissal situation by upholding the grievance and taking steps to rectify the situation.

What should employers do?

Employers should ensure that grievances are handled in accordance with their grievance policies and procedures and ensure that appropriate action is taken where a grievance is upheld.