Honesty is the best policy... false reason for dismissal classified as breach of trust

In recent case of Rawlinson v Brightside Group Ltd, the employer grew concerned with Rawlinson’s capability, but did not raise this issue with him. Several months on, the decision was made that Rawlinson’s position became unsustainable, which lead to dismissal.

Rawlinson was employed as an in-house legal counsel. His employer, Brightside Group Ltd, wrongly informed the employee that the reason for termination was the outsourcing of legal services. Rawlinson identified the outsource as a TUPE transfer, which would protect him from dismissal and asked for further details, which were not provided. This caused him to believe the employer was in breach of the information and consultation obligations. The real reason for dismissal was revealed after Rawlinson’s subject access request.

ETA upheld his claim based on breach of trust and confidence implied into all employment contracts. The employer is under duty to provide a true reason for dismissal.

Aspire Comment

The upcoming deadline for General Data Protection Regulation (GDPR) puts more pressure on employers in relation to transparency. This connects to open employer-employee communication about expectations and capability at regular performance meetings.

Aspire HR Team have vast experience in GDPR Audits and the process to address compliance gaps which are identified. They can also assist you in effective Performance Management and handling difficult capability conversations with your employees.