Ian spoke to People Management about Tracey v ACAS, where the tribunal upheld a claim of constructive dismissal.  
The case concerned 9 years of uncertainty about annual leave entitlement and poor handling of the matter, which left the claimant feeling she had no option but to resign. Ian described it as "a good example of how not to deal with an employee's concern." 
Pay and holidays are at the heart of a contract of employment, and this judgment shows the importance of keeping accurate records of entitlement and leave taken. An employer who fails to deal with these issues runs the risk of an unhappy employee, a difficult working relationship and, as happened here, a successful claim against it. The matter could and should have been resolved without having to lose an employee or become embroiled in litigation, which would have saved the employee time, money and negative publicity.  
The case also highlights the importance of providing a statement of initial employment particulars when an employee starts work, and updating this promptly if there is a material change in those particulars. Failure to do this cost the employer an additional four weeks’ pay, which was easily avoidable.  
The claimant was awarded almost £25,000, and the company will also have had to pay legal costs. A costly reminder of the importance of dealing with concerns effectively.  
Tagged as: Press, Tribunals
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