Buzzacott LLP v Ellis - Tribunal was entitled to find fundamental breach of trust & confidence duty [2011] EAT
Despite dismissing 9 of 12 allegations relied upon, an employment tribunal was fully entitled to find, on the evidence, that the remaining 3 cumulatively amounted to a fundamental breach of the duty of trust and confidence and thus supported a finding of unfair constructive dismissal.
Trainer Mrs Tara Ellis brought claims of constructive unfair dismissal and sex discrimination by way of victimisation and harassment against her ex-employer Buzzacott LLP, a firm of accountants. She identified 12 separate alleged incidents that she claimed cumulatively amounted to a fundamental breach of the duty of trust and confidence, as well as harassment.
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