In this podcast, XpertHR consultant editor Darren Newman looks at Western Excavating v Sharp, which defined "constructive dismissal" and led the courts and tribunals to develop the implied term of mutual trust and confidence.
Updated to reflect the maximum compensatory award for unfair dismissal effective from 6 April 2017.
The Employment Appeal Tribunal (EAT) has held that the circumstances surrounding a protected conversation made dismissal appear a foregone conclusion and amounted to a fundamental breach of contract.
The High Court held that the presence of commercial exit discussions between a football club and an assistant manager during which he stated that he was prepared to leave did not prevent the club from committing breach of contract. Gurpreet Duhra and Germaine Cowen-Machin explain this employment case, in which the High Court made an award of more than £330,000.
Updated to include information on Private Medicine Intermediaries Ltd v Hodkinson and others, in which the EAT upheld the finding of constructive dismissal in circumstances where the employer had raised performance concerns with an employee on sick leave.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Updated to include information on Novakovic v Tesco Stores Ltd, in which the EAT considered if written acceptance of new terms affirmed the contract.
In Pujante Rivera v Gestora Clubs Dir, SL and another  IRLR 51 ECJ, the ECJ held that, where an employee resigns in response to the employer making unilateral changes to essential terms in the employment contract for reasons not related to the employee concerned, this will amount to a "redundancy" within the meaning of art.1(1)(a)(i) of the Collective Redundancies Directive (98/59/EC).
The Employment Appeal Tribunal (EAT) has held that an employee's written acceptance of new terms of employment for a demoted role did not affirm the contract of employment. The employee had worked in the demoted position under protest.
An employment tribunal has held that an HR director in the NHS was constructively dismissed and discriminated against after she rejected the sexual advances of the trust's chairman. She was awarded £832,711.
HR and legal information and guidance relating to constructive dismissal.