The Employment Appeal Tribunal has held that, where an employee gives notice to terminate his or her contract of employment in excess of the contractual amount, the employee will be deemed to be offering additional performance of his or her contract, which will affirm the contract and undermine a claim for constructive dismissal.
This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
The employment tribunal in this case awarded over £100,000 to a company CEO who raised concerns with the Financial Services Authority (FSA) over the company's relationship with a firm in the United Arab Emirates.
This week's case of the week, provided by DLA Piper, covers constructive dismissal where there was more than one possible reason for the individual's resignation.
In Roberts v Governing Body of Whitecross School EAT/0070/12, the EAT held that the employer's "settled intention" to reduce the employee's sick pay by half, based on a genuine but mistaken interpretation of a clause in his contract, amounted to a fundamental breach of contract. Accordingly, the employee was entitled to resign and claim constructive dismissal.
In Assamoi v Spirit Pub Company (Services) Ltd (formerly known as Punch Pub Co Ltd) EAT/0050/11, the EAT held that the employment tribunal was entitled to find that the claimant had not been constructively dismissed. The argument that the tribunal had erroneously found that a fundamental breach had been cured by later conduct could not be accepted since the tribunal had not found that a fundamental breach had occurred at all.
In Welch v Taxi Owners Association (Grangemouth) Ltd EATS/0001/12, the EAT upheld a tribunal finding that an employee who resigned when her employer imposed shorter working hours was not unfairly dismissed. Her constructive dismissal was fair because the reduction was due to genuine business reasons. In these circumstances, there was no room for the employee to argue that the dismissal was unfair because she should have been made redundant.
Definition from the XpertHR glossary.
This case involves poorly handled disciplinary action against an employee for allegedly posting confidential information about company losses on his LinkedIn profile.
HR and legal information and guidance relating to constructive dismissal.