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Constructive dismissal

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  • Date:
    4 March 2010
    Type:
    Law reports

    Buckland v Bournemouth University Higher Education Corporation

    The Court of Appeal has held that the “range of reasonable responses” test is not appropriate for deciding whether or not there has been a repudiatory breach of contract in constructive dismissal cases and an employer cannot cure a repudiatory breach of contract before an employee decides to resign.

  • Date:
    3 February 2010
    Type:
    Law reports

    Failures toward assaulted employee amounted to constructive dismissal

    The secretary of the employer for some 15 years was subjected to an unprovoked and vicious assault by one of the employer's patrons. Following the employer's decision to re-admit the patron to its club, he resigned and claimed constructive dismissal.

  • Date:
    18 January 2010
    Type:
    Law reports

    Sales manager forced to resign after employer's actions

    A tribunal has found that an office equipment and electrical goods sales manager had been unfairly dismissed and awarded him around £23,000.

  • Date:
    12 January 2010
    Type:
    Law reports

    National Society for the Prevention of Cruelty to Children v Dear

    The Employment Appeal Tribunal has held that the monitoring of an employee who was disciplined for breaching his employer's procedures was a legitimate management instruction and not a disciplinary sanction.

  • Date:
    9 December 2009
    Type:
    Law reports

    Unfair dismissal: Norton Tool principle does not apply to unfair constructive dismissal

    In Stuart Peters Ltd v Bell [2009] IRLR 941 CA, the Court of Appeal held that, in a case of constructive unfair dismissal, the Norton Tool principle that compensation for unfair dismissal without notice must include a sum representing the employee's full pay during his or her notice period does not apply, and the employee must give credit for any earnings during this period.

  • Date:
    11 November 2009
    Type:
    Law reports

    TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract

    In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.

  • Date:
    6 October 2009
    Type:
    Law reports

    Stuart Peters Ltd v Bell

    The Court of Appeal has held that, when compensation for constructive dismissal is assessed, credit should be given for earnings during the notice period. The principles in Norton Tool do not apply to constructive dismissal cases.

  • Date:
    25 September 2009
    Type:
    Law reports

    Case of the week: TUPE

    This week's case of the week, provided by Thomas Eggar, covers TUPE.

  • Date:
    26 August 2009
    Type:
    Law reports

    Unfair dismissal: Range of reasonable responses test of no application in establishing constructive dismissal

    In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.

  • Date:
    26 June 2009
    Type:
    Law reports

    Case of the week: Constructive dismissal

    This week's case of the week, provided by DLA Piper, covers constructive dismissal.