This week's case of the week, provided by DLA Piper, covers constructive dismissal.
This case is a good example of inappropriate workplace behaviour that is tolerated by employers, but which constitutes unlawful discrimination.
The Court of Appeal has held that an employer in the financial sector that poached staff from a rival could not enforce dishonestly obtained forward contracts with employees who later decided not to move.
Forcing an employee to resign can easily result in a successful tribunal claim, as this case shows.
An employment tribunal has found that a business owner who told an employee a few "home truths" about her behaviour in a private meeting did not commit a fundamental breach of contract that entitled her to resign and claim constructive dismissal. The tribunal stressed that it will be an unusual case where an employer's reasonable conduct such as giving an employee a private, albeit blunt, warning about her conduct will be the "final straw" resulting in a constructive dismissal.
The Employment Appeal Tribunal has held that an employer discriminated against a gay employee when it implemented a re-positioning policy, for a pub, that discriminated against gay customers.
This case is a reminder to employers of the dangers of making fundamental changes to an employee's job when attempting to cut costs during a business downturn.
In this case, an employment tribunal held that the heavy-handed way in which a manager dealt with suspected unauthorised absence entitled the employee to resign and claim unfair dismissal.
The employer in this case attempted to recoup commission from an employee, but had removed the clause in his contract of employment that entitled it to make deductions from his wages, leading to the employee's constructive dismissal.
The industrial tribunal in Northern Ireland has awarded over £40,000 for unfair dismissal to an employee who resigned after his employer breached his contract of employment on numerous occasions.
HR and legal information and guidance relating to constructive dismissal.