The EAT has given judgment that helpfully clarifies the relationship between a successful claim for constructive dismissal and the way the (constructively dismissed) employee felt about the way he or she was treated prior to the dismissal. In Parsons v Bristol Street Fourth Investments Ltd T/A Bristol Street Motors, UKEAT/0581/07, the EAT wrote:

" Whilst the employee's subjective reaction to his employer's conduct is not determinative of the breach question it is a factor which the Tribunal are entitled to take into account in deciding objectively whether the conduct is likely to destroy trust and confidence.

Put another way - and this is my personal opinion - the question of whether the employer has breached the employee's contract of employment has to be determined by an objective assessment of the facts. It may be that such an assessment reveals that there has not been a deliberate breach of an express contractual term. However, if the employer's action short of a repudiatory breach distresses the employee to the extent that the employee no longer has trust or confidence in the employer, then the employer's action has, in fact, breached the implied contractual duty of trust and confidence

The case in question deals with bullying at work, and it is helpful to people being bullied because it parallels a common definition of bullying and harassment wherein the person who determines the acceptability of behaviour said to be bullying or harassing is the recipient of the behaviour.

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magnolia said:

I totally agree with anne_m123. I would also add that it is difficult to admit that you are being bullied. Denial was certainly an issue for me. I would describe myself as strong and resilient and yet I was bullied. You tell yourself to get a grip and yet the bully eats away at your confidence so that you feel that you are the problem and you are being too sensitive. Bullies should be exposed. How you choose to expose the bully- well, that is matter for you.

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November 02, 2009
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surreal said:

even with this in mind i feel that in a tribunal case , their will be some legal entanglements to try and put employees who have been bullied off from pursuing a claim. In my case , I have ticked all the boxes for a Constructive dismissal case , but lawyers shy away from pursuing is because i am unable to pay the megabucks they want to take up the case Even law firms which operate on a no will no fee basis shy away from it

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August 15, 2009
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janis said:

	Thanks for this, not something I would have come accross routinely and very important judgement to bear in mind.
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April 22, 2008
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anne_m123 said:

I find the brief summary of the Parsons case very interesting. While some people may continue to complain for frivolous reasons the majority of employees who believe they are being bullied struggle not only to identify what constitutes worplace bullying but how to convince others that it is actually happening. The above summary appears to be reaffriming a well known expression...IF YOU THINK YOU ARE BEING BULLIED YOU PROBABLY ARE. Only the target of a bully can truly identify what is unwanted behaviuor.

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April 17, 2008
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