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Home  »   Employment Tribunal CasesLloydsPharmacy   »   Lloyd’s Pharmacy Ltd: Constructive unfair dismissal

Lloyd’s Pharmacy Ltd: Constructive unfair dismissal

The Judgment of the Tribunal was that the claimant was constructively unfairly dismissed by the respondent, however, the judge anticipated both parties would be able to settle the matter between themselves.

Fri 27th April 2018 The PDA

The judge concluded that several of the allegations made by the Claimant point to a fundamental breach of the implied term, and thus a fundamental breach of the contract.

The judge went on to state that the matters presented within these allegations were sufficient to severely damage the relationship of trust and confidence between the parties. The judge referred to case law which suggests that any breach of the implied term of mutual trust and confidence is sufficient to amount to a fundamental breach of contract.

The fact that the claimant resigned in part because the respondent’s fundamental breach of contract was sufficient to establish constructive dismissal based on a fundamental breach. The judge accepted that the Claimant resigned, at least in substantial part, because of that breach of contract.

The judge also concluded that the potential disciplinary proceedings were also a factor in the claimant’s decision to resign. The bad conduct of the Claimant meant that she was clearly capable of being in breach of the respondent’s bullying and harassment policy and thus gross misconduct.

A remedy hearing was listed, however, the judge anticipated both parties would be able to settle the matter between themselves, as the claimant’s financial loss claimed in the schedule of loss was relatively modest.

Download the case here

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The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

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