Employment law cases

All items: Constructive dismissal

  • Unfair dismissal remedies: Increase in hours leads to unfair constructive dismissal

    24 January 1989

    A unilateral increase in hours of work without consultation constituted a breach of contract entitling employees to resign and claim constructive dismissal, the EAT holds in Humphreys & Glasgow Ltd v Broom and Holt*.

  • Dismissal: Transfer to new workplace not constructive dismissal

    1 June 1988

    In Courtaulds Northern Spinning Ltd v Sibson the Court of Appeal considers whether the transfer of an employee, a heavy goods vehicle driver, from one depot to a depot one mile away breached the employee's contract of employment.

  • Dismissal: Refusal to hear grievance may amount to constructive dismissal

    19 January 1988

    In Elder v Clydebank Co-operative Society Ltd the EAT in Scotland orders a rehearing of a constructive dismissal complaint after an industrial tribunal failed to consider whether an employers' refusal to allow an employee to appeal against a decision to transfer her to another branch amounted to constructive dismissal.

  • Gardiner v London Borough of Merton

    1 December 1980

    In Gardiner v London Borough of Merton [1980] IRLR 472 CA, the Court of Appeal held that where an individual leaves the employ of one authority and joins another he or she will lose all rights of continuity of employment except for those that may be provided for under the Redundancy Payments (Continuity of Employment etc) (Modification) Order 1999.

  • Ford v Milthorn Toleman Ltd

    1 January 1980

    In Ford v Milthorn Toleman Ltd [1980] IRLR 30 CA, the Court of Appeal upheld the EAT's finding that an employee was entitled to claim constructive dismissal when, upon receiving his notice that he was to join a competitor, his employers removed his duties as a sales manager and proposed to change the basis of his remuneration.

  • Constructive dismissal: Correct test is based on law of contract

    25 January 1978

    In Western Excavating (ECC) Ltd v Sharp, the Court of Appeal lays down the rule that in order to be able to resign and claim constructive dismissal within the meaning of para. 5(2)(c) of Schedule 1 to the Trade Union and Labour Relations Act, an employee must be able to show that the employer's conduct amounted to a significant breach of a fundamental term of the contract of employment or indicated that the employer no longer intended to be bound by the contract.

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Employment law cases: HR and legal information and guidance relating to constructive dismissal.