Constructive dismissal

New and updated

  • Da’Bell v NSPCC

    Date:
    19 December 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has held that the bands set out in Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102 CA for compensation for injury to feelings in discrimination cases should be increased to take account of inflation.

  • Unfair dismissal: Norton Tool principle does not apply to unfair constructive dismissal

    Date:
    9 December 2009
    Type:
    Law reports

    In Stuart Peters Ltd v Bell [2009] IRLR 941 CA, the Court of Appeal held that, in a case of constructive unfair dismissal, the Norton Tool principle that compensation for unfair dismissal without notice must include a sum representing the employee's full pay during his or her notice period does not apply, and the employee must give credit for any earnings during this period.

  • TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract

    Date:
    11 November 2009
    Type:
    Law reports

    In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.

  • Stuart Peters Ltd v Bell

    Date:
    6 October 2009
    Type:
    Law reports

    The Court of Appeal has held that, when compensation for constructive dismissal is assessed, credit should be given for earnings during the notice period. The principles in Norton Tool do not apply to constructive dismissal cases.

  • Unfair dismissal: Range of reasonable responses test of no application in establishing constructive dismissal

    Date:
    26 August 2009
    Type:
    Law reports

    In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.

  • Case of the week: Constructive dismissal

    Date:
    26 June 2009
    Type:
    Law reports

    This week's case of the week, provided by DLA Piper, covers constructive dismissal.

  • Wishaw and District Housing Association v Moncrieff

    Date:
    22 May 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has given guidance for employment tribunals considering cases in which the "last straw" in a series of actions by an employer results in an employee resigning and claiming unfair constructive dismissal.

  • Bournemouth University Higher Education Corporation v Buckland

    Date:
    20 May 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has held that the "range of reasonable responses" test does not apply to constructive dismissal.

  • Unfair dismissal: Norton Tool principle applies to unfair constructive dismissals

    Date:
    27 April 2009
    Type:
    Law reports

    In Stuart Peters Ltd v Bell EAT/0272/08, the EAT held that the Norton Tool principle, under which compensation for unfair dismissal includes full payment for the employee's notice period, even if the employee found work during that period, applies in cases of constructive, as well as express, dismissal.

  • Case of the week: Constructive dismissal

    Date:
    17 February 2009
    Type:
    Law reports

    This week's case of the week, provided by DLA Piper, covers constructive dismissal.