A manager's disastrous mishandling of an application for flexible working, from an employee who had returned from maternity leave, meant that she resigned and successfully claimed constructive dismissal.
This week's case of the week, provided by Thomas Eggar LLP, covers constructive dismissal following a TUPE transfer.
Annabel Mackay and Adam Johnson, associates at Addleshaw Goddard, detail the latest rulings.
This case demonstrates how important it is for an employer to deal properly with an alleged assault against one of its employees.
A failure by an employer to give an employee correct duties can constitute a fundamental breach of contract, as this case demonstrates.
Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.
This case serves as a reminder of the importance of pay in an employment relationship, and the danger to employers should they neglect that fact.
This case demonstrates that, even if an employer is correct in its interpretation of a contractual term, the manner in which it deals with an employee in respect of that term can still give rise to a constructive dismissal.
In Buckland v Bournemouth University Higher Education Corporation  EWCA Civ 121 CA, the Court of Appeal held that the "range of reasonable responses" test has no place in a tribunal's determination of whether or not there was a repudiatory breach of contract by the employer and constructive dismissal. It also held that such a breach cannot be "cured", so as to prevent the innocent party accepting the breach.
This is a whistleblowing case that turned on an unusual protected disclosure.
HR and legal information and guidance relating to constructive dismissal.