Constructive dismissal

New and updated

  • Collective redundancies: Termination by employee after significant changes to essential terms is "redundancy"

    Date:
    5 May 2016
    Type:
    Law reports

    In Pujante Rivera v Gestora Clubs Dir, SL and another [2016] 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).

  • Constructive dismissal: written acceptance of terms did not affirm the contract

    Date:
    27 April 2016
    Type:
    Law reports

    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.

  • NHS trust's former HR director wins £832,711 in employment tribunal claim

    Date:
    19 February 2016
    Type:
    Law reports

    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.

  • ECJ rules on calculation of numerical thresholds under the Collective Redundancies Directive

    Date:
    26 November 2015
    Type:
    Law reports

    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.

  • Constructive dismissal: Employee who accepted contractual sick pay for 39 weeks had affirmed contract

    Date:
    1 April 2015
    Type:
    Law reports

    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.

  • Constructive dismissal: employee on sickness absence affirmed contract

    Date:
    13 February 2015
    Type:
    Law reports

    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.

  • Smoking at work: school catering assistant's use of e-cigarette justifies suspension

    Date:
    4 February 2015
    Type:
    Law reports

    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.

  • Case round-up

    Date:
    1 November 2014
    Type:
    Law reports

    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.

  • Constructive dismissal: delay in resigning does not alone affirm contract

    Date:
    4 July 2014
    Type:
    Law reports

    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.

  • Case round-up

    Date:
    1 July 2014
    Type:
    Law reports

    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.