Topics

Constructive dismissal

New and updated

  • Date:
    21 March 2008
    Type:
    Law reports

    Constructive dismissal: Loss flowing from employer's pre-dismissal conduct

    In GAB Robins (UK) Ltd v Triggs [2008] EWCA Civ 17, the Court of Appeal held that, in a case of constructive unfair dismissal, the tribunal may compensate the employee only for loss suffered as a consequence of the dismissal, and not for loss flowing from the employer's repudiatory conduct prior to the employee's resignation.

  • Date:
    25 February 2008
    Type:
    Law reports

    Sex discrimination: Discriminatory act amounted to constructive dismissal

    In Shaw v CCL Ltd EAT/0512/06, the EAT held that an employee whose request to work part time on her return from maternity leave was refused had been constructively unfairly dismissed.

  • Date:
    11 January 2008
    Type:
    Law reports

    Redundancy: An employer that chose to enforce contractual mobility clauses to avoid redundancy was not obliged to follow its redundancy procedure

    In Home Office v Evans and Laidlaw [2007] EWCA Civ 1089, the Court of Appeal held that, where an employer closing down a particular workplace did not envisage any redundancy dismissals because it intended to transfer staff to other workplaces - invoking, where applicable, wide contractual mobility clauses - it was free to choose this method and was not obliged to follow its redundancy procedures.

  • Date:
    24 November 2007
    Type:
    Law reports

    Dispute resolution procedures: No jurisdiction to hear unfair constructive dismissal claim where no grievance raised

    In South Kent College v Hall EAT/0087/07, the EAT held that the employment tribunal did not have jurisdiction to hear a claim for unfair constructive dismissal because the employee had failed to submit a written grievance.

  • Date:
    21 November 2007
    Type:
    Law reports

    Home Office v Evans and Laidlaw

    In Home Office v Evans and Laidlaw [2007] EWCA Civ 1089 CA, the Court of Appeal has held that, on the closure of a workplace, an employer was entitled to invoke a mobility clause, rather than follow the redundancy procedure.

  • Date:
    9 October 2007
    Type:
    Law reports

    Case of the week: Trial periods and redundancies

    This week's case of the week, provided by DLA Piper, covers trial periods and redundancies.

  • Date:
    2 October 2007
    Type:
    Law reports

    Constructive dismissal: Mishandling of grievance procedure and post-dismissal losses

    In GAB Robins (UK) Ltd v Triggs EAT/0111/07, the EAT held that an employer's mishandling of its grievance procedure is not subject to a "range of reasonable responses" test where it is relied on only as the "last straw" in a constructive dismissal case. Where illness caused by breach of mutual trust and confidence culminating in constructive dismissal arises prior to the date of dismissal, post-dismissal loss of earnings due to continuing incapacity are recoverable in an unfair dismissal action.

  • Date:
    2 July 2007
    Type:
    Law reports

    GAB Robins (UK) Ltd v Triggs

    In GAB Robins (UK) Ltd v Triggs EAT/0111/07, the Employment Appeal Tribunal has given guidance on the calculation of the compensatory award when an employee who has been off work sick is constructively dismissed.

  • Date:
    27 June 2007
    Type:
    Law reports

    Statutory grievance procedures: A form ET1 does not constitute a written grievance

    In Gibbs t/a Jarlands Financial Services v Harris EAT/0023/07 the Employment Appeal Tribunal held that an employee whose complaint of unfair constructive dismissal was rejected by a tribunal because he had failed to comply with step one of the statutory grievance procedure could not, when resubmitting his claim, rely on the ET1 that he had completed in relation to the original claim as constituting his written statement of grievance

  • Date:
    23 January 2007
    Type:
    Law reports

    Abbey National plc v Fairbrother

    In Abbey National plc v Fairbrother EAT/0084/06, the Employment Appeal Tribunal (EAT) has held that, in the context of a constructive dismissal claim, the question that should be asked is whether the employer's actions during the grievance procedure fell within the range of reasonable responses.