The Employment Appeal Tribunal (EAT) has held that the employer acted in breach of the implied term to maintain trust and confidence by giving a misleading reason for the employee's dismissal.
In this week's podcast, we demystify the concept of constructive dismissal.
The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.
In this podcast, XpertHR consultant editor Darren Newman looks at Western Excavating v Sharp, which defined "constructive dismissal" and led the courts and tribunals to develop the implied term of mutual trust and confidence.
Updated to reflect the maximum compensatory award for unfair dismissal effective from 6 April 2017.
The Employment Appeal Tribunal (EAT) has held that the circumstances surrounding a protected conversation made dismissal appear a foregone conclusion and amounted to a fundamental breach of contract.
In Novakovic v Tesco Stores Ltd EAT/0315/15, the EAT held that the employment tribunal failed to consider all relevant evidence when finding that the employee had affirmed the employer's repudiatory breach of contract.
Updated to include information on Private Medicine Intermediaries Ltd v Hodkinson and others, in which the EAT upheld the finding of constructive dismissal in circumstances where the employer had raised performance concerns with an employee on sick leave.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that an employee's written acceptance of new terms of employment for a demoted role did not affirm the contract of employment. The employee had worked in the demoted position under protest.
HR and legal information and guidance relating to constructive dismissal.