After stating publicly that Brodie Clark had acted 'improperly' by relaxing border checks for people arriving in the UK from outside the European Economic Area (EEA) over the summer without her permission, the Home Secretary is now facing a claim of constructive dismissal from her UK Border chief.
Clark has claimed that he was denied the opportunity to respond to the Home Secretary's disparaging comments about him, which he says included being labeled a 'rogue civil servant' during a private briefing.
Lorraine Teague, employment partner at Shakespeares, told HR magazine: "If Clark's claims are found to be correct, this would mean that his employer may have breached their duty not to undermine trust and confidence between employer and employee. This duty is an inherent part of all employment contracts.
"It goes without saying that disciplinary matters should always be dealt with privately with the individual concerned and disciplinary procedures should be followed as appropriate."
According to Shakespeares, employers can avoid potential claims for unfair or constructive dismissal.
Teague added: "In the absence of proper cause, beware of speaking to the media. In a claim against RDF Media Group plc, the fact that representations made to the press about an employee were true was not considered a good defence.
"Keep disciplinary matters off the shop floor. Reprimanding an employee in front of colleagues, in a manner disproportionate to the employee's perceived misconduct, was the basis of a successful claim against Hilton International Hotels.
"Take care if considering suspending an employee. Many employers automatically suspend employees accused of serious misconduct. As Hertfordshire County Council found to its cost suspension of an employee as a 'knee jerk reaction' to a serious accusation can be a breach of trust and confidence. Suspension should always be used with caution."