‘Where’s everyone gone’ – the importance of communicating with absent employees 

In the recent Employment tribunal case of Munkevics v Echo Personnel, the Claimant was awarded over £25,000 for claims including constructive dismissal and pregnancy discrimination after the office she worked at was shut down and no-one bothered to tell her. The Claimant was employed by the Respondent as a trainee recruitment consultant. During a period of maternity leave she was initially informed, verbally, that she would be able to return to work on a part-time basis.

This offer was later rescinded at short notice and the Claimant resigned. When she turned up at the office to work her notice period, she found it deserted. The Respondent had failed to inform the Claimant that the office had been vacated and cleared out. 

The Employment tribunal found that this was pregnancy discrimination. Although this is an extreme example, this case serves as a reminder to employers of the importance of maintaining good communication with employees who are away from the workplace. This is especially important where their absence relates to a protected characteristic such as, as was the situation in this case, pregnancy.

Even if no protected characteristic is potentially in play, treating an employee with a lack of respect by not bothering to tell them that their office has shut down leaves the employer exposed to a significant risk that its behaviour will be found to have breached the implied term of mutual trust and confidence, giving the employee the right to resign and, provided they have 2 years’ service, claim constructive dismissal.