Tori O'Neil, Tessa Harland, Sarah Wade and Ed Gregory are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In this case, an unpleasant boss managed both to constructively dismiss an employee and to commit age discrimination against him.
In Tullett Prebon Plc and others v BGC Brokers LP and others  IRLR 420 CA, the Court of Appeal held that employees who had signed "forward contracts" to join a future employer that had engaged in an unlawful conspiracy to lure them away from their existing employer were entitled to terminate the forward contracts on the basis of the conspiratorial conduct. Further, in seeking to persuade them and other employees to stay, the existing employer had not committed a breach of trust and confidence entitling those who left to terminate their contracts lawfully.
This week's case of the week, provided by DLA Piper, covers constructive dismissal.
Employees are entitled to be kept informed by their employer about any professional disciplinary action that involves them, as this case demonstrates.
This case concerns an employer accused of deliberately fabricating an employee's disciplinary record.
This case demonstrates the importance of employers complying with the terms of contractual staff handbooks and dealing with grievance appeals properly.
In Lisboa v Realpubs Ltd and others EAT/0224/10, the EAT held that the way in which the employer pursued its strategy to "reposition" a formerly gay pub to widen its customer base amounted to treating its customers less favourably on grounds of sexual orientation. Accordingly, an assistant manager who was required to cooperate with and work within that strategy suffered direct discrimination and was constructively dismissed.
In this case, a female employee was subjected to sex discrimination that was compared to banter in the Carry On films.
In this unusual case, an employee was dismissed and offered reinstatement on appeal, before purportedly resigning due to the terms of the reinstatement.
HR and legal information and guidance relating to constructive dismissal.