Author : Rosanna Cooper
In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager.Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne's performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.The Employment Tribunal (criticised LASL's decision to suspend Mr Milne before the disciplinary hearing, the absence of an investigation before the meeting and LASL's failure to allow Mr Milne to state his case. The Employment Tribunal however found there was no breach of Mr Milne's contract of employment as a result of his suspension and the way in which the disciplinary proceedings were conducted.Mr Milne appealed on the ground that the Employment Tribunal's decision was perverse in that it did not find that LASL was in breach of the contract of employment.The Employment Appeal Tribunal held that:-▪ Mr Milne had to show an overwhelming case that the Employment Tribunal made a decision that no reasonable tribunal would have reached;▪ Suspension by itself did not constitute a breach of implied duty of trust and confidence and ultimately a fundamental breach of an employee's contract of employment;▪ In order to determine whether a suspension constitutes a breach of the implied duty of trust and confidence, the tribunal must have considered the surrounding circumstances including(i) the reasons for suspension(ii) the length of suspension(iii) whether the employee lost his income(iv) whether the employee was replaced; and(v) whether the contract required the employer to provide work to the employee;▪ In this case, the suspension was short, Mr Milne was still in his job, his remuneration was not affected and LASL was keen to ensure Mr Milne stayed. There was therefore no breach of the implied duty of trust and confidence and Mr Milne had not established an overwhelming case that the Employment Tribunal had come to an unreasonable decision.The appeal was dismissed.Comment: If you require further information on contracts of employment please contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.Media Law firm advising media and entertainment industry films, TV, Television, Music lawyers, Media Lawyers, Entertainment Lawyers Media Contract, Employment solicitors,employment law, employment lawyers, employment law firm, Redundancies, Unfair Dismissals, Breach of Contract, Workplace Disputes, TUPE Transfers, Drafting Employment Contracts, Grievance Procedures, Disciplinary Procedures, Maternity Rights,Discrimination, Employment Disputes, suspensions, wrongful dismissal,Equal Pay, Media Copyright,http://www.rtcoopers.com/practice_employment.php
Keyword : employment law, employment lawyers, redundancy, redundancy pay, sex discrimination, unfair dismissal
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