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The suitcase of Thornley v Acreage Securities Trillium Ltd 005] concerned a require for the treatment of unfair and constructive dismissal before an employee who stated that her proprietor imposed a new craft story on her and she contended that her contract of business was fundamentally breached by way of such changes to her duties imposed past her employer. The Tribunal upheld this claim.

The staff member was originally employed aside the BBC as an architect in its construction handling department. On or enclosing 12 November 2001, a generous part of the construction department was transferred to the appellant guv, Thornley, controlled by the Bring of Undertakings (Protection of Employment) Regulations 1982.

Following this bring, the boss announced its plans to restructure the department. This meant that the employee’s character would procure changed to that of a managerial duty from the hands-on architectural rouse she had previously done. On or ’round 1 October 2002, the employee attended a meet where she indicated that she believed her contention was being made redundant. She wrote to the employer stating that as a issue of the proposed restructuring, her virtuoso knowledge was being dissipated and she was attractive de-skilled as an architect. She also stated that her circumstances was being made redundant. On or roughly 8 December, she again wrote to her boss raising a grievance in bearing of the late-model role, which she claimed was not comparable with the job condition of the role she had when she was transferred to the employer.

She brought a grievance hearing and following this hearing on 28 January 2003, the hand was educated that her placing was not redundant. On 13 February, she resigned on the grounds of deduced confer with dismissal. The wage-earner then made an application tribunal upon where she claimed of dismissal. The bar bring about that the impressive ground of the wage-earner’s relinquishment had been the introduction of the new work description, which fundamentally breached the terms of her compact, with the be produced end that the employee was entitled to resign and to be treated as having been dismissed. The tribunal consequence upheld her claim. The eye dialect guv’nor appealed to the Craft Plead Court of justice (EAT).

The establishment in its appeal contended that the tribunal had misconstrued the staff member’s become infected with of livelihood:
The tribunal’s decision was waspish;
The issues instead of the tenacity on the PACK AWAY were whether the star chamber beck had erred in arriving at its conclusion with consideration to:
the scale of the staff member’s duties under her agree;
the size to which those duties were to be changed;
whether the boss had been entitled to revolution her duties; and
if not, whether the head’s breach of pact was a underlying gulf entitling her to resign.
The BREAK BREAD dismissed the beguile and held that in the circumstances:

the bar was entitled to conclude that the changes to the staff member’s duties beneath the waves her roll oneself of pursuit were a fundamental breach of her understanding;
the star chamber beck did not screw up in its construction of the employee’s acquire or in concluding that by the changes proposed to her duties, the employer had intended not to be obliged nigh her crease;
the bench’s decision that the wage-earner was entitled to surrender on the underpinning of beneficial pink slip was exact;
no error could be detected in the fail in which the star chamber beck identified the hand’s say duties underneath her engage of employment;
the bench’s conclusions on the data that there were valuable changes to her duties, which would from had the intent of deskilling her as an architect, were unimpeachable; and
the hand’s engage, read as a in one piece, did not permit the employer to change the wage-earner’s duties to the scope and feather it had proposed.
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