Nick Hobden recently advised a commercial client following the suspension of one of their employees who was accused of gross misconduct.
An employee of our client unsuccessfully applied for a vacancy in January 2016, which would have been a promotion for him. In response he, a long standing employee, raised a number of complaints alleging that over a number of years he and other employees had been denied a promotion and workplace opportunities because of religion.
The client, one of the leading mastic asphalt manufactures in the UK, contacted us in relation to a disgruntled senior manager who, through his solicitor, raised a meritless grievance accompanied by an invitation for the client to pay him to leave his employment. In addition to this, he went off sick with stress.
The conduct of an employee in certain circumstances can result in the irretrievable breakdown of the working relationship entitling an employer to terminate the contract of employment.