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Constructive dismissal: Employment status did not determine constructive dismissal question

This report relates to 1 case(s)

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    Ridgwell Fox & Partners (Underwriting Management) Ltd v Campbell EAT/49/93, EAT1022/93 (0 other reports)

The fact that an applicant was held to be an employee did not inevitably lead to the conclusion that his earnings must have been paid net of tax and national insurance, with the employer having responsibility to meet those deductions, holds the EAT in Ridgwell Fox & Partners (Underwriting Management) Ltd v Campbell. A tribunal was therefore wrong to conclude that the employer's insistence that deductions be made in the future amounted to a breach of contract entitling the employee to resign and complain of constructive dismissal.