Moore v Bude Stratton Town Council [2000] IRLR 676 EAT
In Mr Moore's case against his council employer, the whole question of the extent to which a council is liable for the actions of individual councillors in an employment context is examined.
This case concerns a council worker's claim for constructive dismissal. Mr Moore resigned after he was subjected to verbal abuse and accusations of dishonesty by one of the councillors, in front of other council workers. The Tribunal held that the individual councillor did not have either actual or ostensible authority to bind the council as employer.
Mr Moore appealed claiming that the individual councillor's conduct amounted to a breach of the implied contractual term of trust and confidence, for which, the council as employer was vicariously liable.
The EAT, in a majority decision, held that individual councillors are under a duty not to engage in conduct likely to undermine the trust and confidence required in contracts of employment. Furthermore, by subjecting Mr Moore to verbal abuse and accusations of dishonesty while he was doing his job on council premises could amount to a breach of the duty of trust and confidence. Such action could therefore justify Mr Moore resigning and claiming constructive dismissal.
In allowing the appeal, the EAT remitted the case back to a new Employment Tribunal to determine whether Mr Moore was constructively dismissed as a result of the conduct of an individual councillor for whom the council as a whole was vicariously liable.
This case is especially significant for local government workers. In particular, councils should be aware that they have a responsibility to ensure that individual councillors do not impede a workers ability to do their job properly.