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.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.