There is an unwritten contractual obligation on employers to act reasonably in dealing with matters of safety or complaints of lack of safety which are drawn to their attention by employees. So long as the complaint is not obviously frivolous, failure by an employer to investigate a safety complaint may in itself amount to a breach of contract by the employer entitling the employee to resign and claim constructive dismissal. This is the important ruling from the Employment Appeal Tribunal in the case of British Aircraft Corporation Ltd v Austin.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.