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.
The European Court of Justice (ECJ) has directed that a constructive dismissal resulting from the employer unilaterally reducing the employee's pay must be treated as a redundancy for the purposes of calculating when an employer's information and consultation obligations apply under the Collective Redundancies Directive.
In Mari v Reuters Ltd EAT/0539/13, the EAT upheld an employment tribunal decision that an employee on sick leave who accepted contractual sick pay for 39 weeks, and who called on her employer to perform other aspects of the contract, had affirmed the contract and had therefore lost the right to claim constructive dismissal.
The Employment Appeal Tribunal (EAT) has held that an employee on long-term sickness absence and in receipt of sick pay had affirmed her contract following alleged breaches by her employer. No special considerations apply where an employee alleges that the employer's breach amounts to a demotion.
A school catering assistant was suspended by her employer for using an e-cigarette on school premises. She resigned and claimed that she had been constructively dismissed. The employment tribunal did not uphold her claim, but indicated that if she had not resigned but been dismissed, the tribunal might have judged that dismissal to be unfair.
Helen Almond is professional support lawyer, Nigel Cousin and Victoria Davies managing associates and Iain Naylor and Andrew Nealey associates Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.
Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to constructive dismissal.