Hamill v Strong & Co Ltd EAT/1179/99

Reports relating to this case:

  • Tribunal's assessment of disability was unfair

    Date:
    1 July 2001

    When determining a disability discrimination claim, a tribunal should have considered the tasks the plaintiff could not, rather than could, perform. Plus, cases on constructive dismissal, disciplinary hearings and finding a race discrimination comparator.

  • Constructive dismissal: Fundamental breach and "last straw" principles revisited

    Date:
    15 June 2001

    An employment tribunal was "hopelessly confused" between issues of constructive dismissal, which depend upon an assessment of whether or not the employer is in material breach of an employee's contract of employment, and issues of fairness, which arise when the employer effects a dismissal for a potentially fair reason within s.98 of the Employment Rights Act, the EAT holds in Johnstone v W Wilson & Sons.