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National Society for the Prevention of Cruelty to Children v Dear - Distinction between a punishment and a legitimate management instruction [2010] EAT

Where an employee has failed to follow proper procedures it is normal for an employer to require monitoring to secure compliance with those procedures in future.  This is generally not a punishment or sanction but a legitimate management instruction and as such does not give the employee the right to resign and claim constructive dismissal.

Mr Dear is an experienced and well respected social worker having practised since 1973.  He was employed by the NSPCC for around 18 hours a week and by the London Borough of Sutton in its Emergency Team for some 30 hours per week.  The job with the NSPCC involved manning a help-line for callers. He resigned from his job with the NSPCC at end October 2007.

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