Can my husband take his brother to employment tribunal?

home_bird

Hi all, I would really appreciate some advice right now. Here's the situation:

My husband has worked for his brother and wife full time in a restaurant for over 12 years. No contract was ever signed as it was family. Now, my husband have never got on with his brother's wife and there's been occasions when my husband has walked out but my husband always returned to work after he has cooled down.

About three months ago, his brother's wife became more involved in the business and it seemed that she wanted my husband out. She took away some of his duties i.e. stock buying and really undermined him like go against his words and telling other to do so too. She also had CCTV cameras installed in the bar area and would watch them at work from home, and if she saw anything she didn't like, she would call up and generally have a go.

Things came to a head a month ago and my husband walked out following a massive argument. He did eventually go back to work on Saturday but he was told to leave and his employment was terminated today.

I know he shouldn't have just walked out and not return for a month but given that he was driven out by his brother's wife's behaviour, do you think my husband would have a case at tribunal for unfair dismissal given these circumstances?

Any advice appreciated.

Another_not_new_user

I doubt it. He walked out and didn't go back for a month. He broke his contract of employment. If you are unhappy about your employers actions then the appropriate method of complaining is a grievance, not walking out and not bothering to go back for a month. I can't see any tribunal supporting a claim of unfair dismissal - he walked out, which is actually called resigning.


Best to move on and put it behind him.

home_bird

Thank you for taking the time to reply. I thought as much.

And thanks for the advice, that is what we intend to do.

Carlingram

Agree with the above.....sadly he walked out so don't think he has a leg to stand on.

I know the feeling of not getting on with the brothers wife very well.

phill99

I don't agree with the above.

If the actions of his sister in law are intimidating, then there may be a case for constructive dismissal. No one on her would be qualified to decide whether the tribunal route is appropriate so your husband would need specialist professional advice.

SecondRow

There can't be constructive dismissal, he didn't resign!

Another_not_new_user

Actually he did resign. But to claim constructive dismissal one must demonstrate that one has exhausted the grievance procedure and that the employers actions were such that there was no other choice. The OP's husband didn't use any grievances - he just walked out whenever something he didn't like happened. Whether he was right about it or not, walking out is not the way to deal with it. And not going back for a month definitely isn't. There is absolutely no way that a tribunal would come to any other conclusion no matter what an employer did.

SecondRow

Another_not_new_user wrote: »

Actually he did resign.

Reading the OP, I think you may have that wrong, it says:-

...but he was told to leave and his employment was terminated today.

home_bird

Thank you all so much for taking the time to reply.

My husband went into work on Saturday and that woman started on at him, so his brother told him to leave (so as not to get into an argument with her as there were customers about).

My husband then went into his workplace on Sunday to see his brother and that's when his brother terminated his employment.

Hope that make it clear.

Lots to think about.....Never thought it would come to this....

Another_not_new_user

SecondRow wrote: »

Reading the OP, I think you may have that wrong, it says:-

Not legally I don't. I did read that. I also read the bit where he had walked out of his job and didn't go back for a month. That is breach of contract by the employee, and as such is a resignation in law. The fact that his brother may not have recognised this doesn't make a difference. An employment tribunal would consider that the breach of contract was on the part of the employee, not the employer.

home_bird

Sorry, got the dates wrong. It should be Friday when he went into work and Saturday when his employment was terminated.