This is a preview. To continue reading please log in or Register to read this article

Contracts of employment: Failure to provide grievance procedure is breach of contract

This report relates to 1 case(s)

  • expand disabled

    WA Goold (Pearmak) Ltd v McConnell and another [1995] IRLR 516 EAT (0 other reports)

It is an implied term of every employee's contract of employment that their employer will reasonably and promptly afford them a reasonable opportunity to obtain redress of any grievance they may have, holds the EAT in WA Goold (Pearmak) Ltd v McConnell and another. An industrial tribunal was therefore entitled to find that an employer's failure to provide and implement a procedure that dealt with two employees' grievance promptly amounted to a repudiatory breach of contract, entitling them to resign and to be treated as constructively dismissed.