Senior Associate Henna Elahi has provided comment in People Management on the recent employment tribunal between Nina Ogilvie and Alexander Optometrists Ltd, in which Ms Ogilvie succeeded in her claim for constructive dismissal.

Commenting on why the tribunal ruled in favour of constructive dismissal, Henna said, “The ET ruled in favour of Miss Ogilvie because it found that her employer had fundamentally breached the contract of employment, in particular the implied term of mutual trust and confidence. It concluded that while no single incident complained of by Miss Ogilvie was enough on its own for a finding of constructive unfair dismissal, the cumulative effect of the separate incidents amounted to a repudiatory breach of her employment contract, entitling Miss Ogilvie to resign and treat herself as being constructively dismissed.

“The Tribunal found that the separate incidents – unpaid compulsory work hours for 5 years, Miss Ogilvie’s manager acting in a manner calculated or likely to cause or seriously damage mutual trust and confidence and Miss Ogilvie’s job being advertised while she was still employed and on sick leave – along with the failure to properly deal with Miss Ogilvie’s grievance all contributed to a breach of the implied term of mutual trust and confidence.”

Highlighting what other organisations can learn from the case, Henna noted, “All organisations, especially small companies with a limited HR function, can learn important lessons from this case – the implied terms of mutual trust and confidence should not be taken lightly. These terms are present in every employment contract and organisations should treat staff with dignity and respect, avoid egregious management styles, treat staff equally and fairly and address staff concerns fairly and without retaliation. Organisations should maintain clear policies and procedures, share these with their staff and act in accordance with those policies.

Henna added, “This case demonstrates that even if one single incident may seem unremarkable in isolation it could lead to issues further down the line. Even small, close-knit or family businesses are not exempt from basic employment standards. An attitude of  “this is just the way things are done here and have been for a long time” can end up as a legal liability if it breaches an employer’s duty of trust and confidence.”

Henna’s comments were published in People Management, 22 August 2025.