In Upton-Hansen Architects Ltd v Gyftaki, G became aware she may have to go to Greece to deal with family matters and bought a plane ticket just in case. Two weeks later the need materialised. G emailed her manager requesting permission, but while G thought she had been given permission, the manger believed he had just acknowledged receipt of the email. He refused permission, but G said she had to go and would take the absence as unpaid leave. When G returned to work, she was suspended pending an investigation. The ET found the reason was that the employer was nervous G was likely to be upset, would behave inappropriately at work and possibly breach confidentiality obligations. The EAT agreed with the ET that the employer had breached the implied term of trust and confidence and G had been constructively dismissed. No evidence supported the employer’s reasons for suspension, they were not the reasons given to G and suspension was not warranted in the circumstances. 

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