In the recent appeal case of Terence Parsons vs Bristol Street Motors it was held that his employer, Bristol Street Motors, had constructively dismissed Parsons.
Parsons resigned from Bristol Street's Oxford dealership in July 2005, four months after a new manager, named in the appeal transript as Mr Lawrence, was recruited.
His resignation followed complaints that Lawrence had physically assaulted him, used foul language and focused on his age by calling him "old buzzard" and "old git", and was overloaded with work which took him away from sales opportunities.
The tribunal rejected evidence of beatings and claims that Lawrence grabbed staff by the testicles, but concluded, following Lawrence's evidence, that he was "indiscriminately tactile with staff whom he slapped on the back, punched in the arm or otherwise touched".
The case was dismissed at an employment tribunal but this ruling was overturned on February 28 by the London Employment Appeal Tribunal, which judged it as unfair constructive dismissal, following conduct likely to destroy trust and confidence.
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