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Constructive dismissal: No breach of duty to support stressed employee

This report relates to 1 case(s)

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    Hobbs v British Railways Board EAT/340/94 (0 other reports)

An employee, who resigned while suffering severe stress because a work colleague had indecently assaulted his step-daughter, was not constructively dismissed in circumstances where his employer had postponed consideration of his request for a transfer and decided not to suspend the abuser before knowing the outcome of his trial. The EAT upholds this industrial tribunal decision in Hobbs v British Railways Board. The employer had taken steps to minimise contact between the two men at work and had offered reassurance and help to the claimant, who was on sick leave. There had been no fundamental breach of the employer's implied obligation to take reasonable steps to support the employee so as to enable him to carry out his duties.