Topics

Constructive dismissal

New and updated

  • Date:
    25 April 2006
    Type:
    Law reports

    Case round-up: Constructive dismissal

    This week's case round-up from Eversheds, covering constructive dismissal.

  • Date:
    21 April 2006
    Type:
    Law reports

    Unfair dismissal: Delay in resignation is not fatal to a constructive unfair dismissal claim

    In Bass v Travis Perkins Trading Company Ltd EAT/0598/05, the EAT holds that a delay in an employee's resignation after a fundamental breach of contract may be evidence of implied affirmation of the contract, with the result that the employee loses the right to claim constructive dismissal. However, delay alone does not amount to affirmation.

  • Date:
    24 March 2006
    Type:
    Law reports

    Public interest disclosure: Compensation for whistleblower's detriment to date of dismissal

    In Melia v Magna Kansei Ltd, the Court of Appeal holds that where an employee has been subjected to detriment for having made a protected disclosure and then resigned claiming constructive dismissal, compensation for injured feelings should be assessed over the entire period up to the date of termination.

  • Date:
    21 February 2006
    Type:
    Law reports

    Case round-up: Constructive dismissal

    This week's case round-up from Eversheds, covering constructive dismissal.

  • Date:
    17 February 2006
    Type:
    Law reports

    Petherbridge v Mudchute Association

    In Petherbridge v Mudchute Association [2005] All ER (D) 348 (Dec) EAT, the Employment Appeal Tribunal has held that an employee who set out in writing a complaint about the way in which his original grievance had been handled by the employer had satisfied step one of the statutory grievance procedure.

  • Date:
    20 January 2006
    Type:
    Law reports

    Public interest disclosure: Caution required when claiming constructive dismissal for making disclosures

    In Milne v The Link Asset and Security Co Ltd, the EAT holds the employment tribunal was correct to find, in rejecting a constructive unfair dismissal claim, that there had been no fundamental breach of the employee's contract as a result of his suspension and the way disciplinary proceedings had been conducted. The employee had resigned for other reasons.

  • Date:
    10 January 2006
    Type:
    Law reports

    Case round-up: Constructive dismissal

    This week's case round-up from Eversheds, covering constructive dismissal.

  • Date:
    30 December 2005
    Type:
    Law reports

    Galaxy Showers Ltd v Wilson

    In Galaxy Showers Ltd v Wilson [2006] IRLR 83 EAT, the Employment Appeal Tribunal has held that where a grievance was contained in and consisted of a letter of resignation it satisfied the requirements of step one of the statutory grievance procedure.

  • Date:
    16 December 2005
    Type:
    Law reports

    Constructive dismissal: Job description not sole determinant of duties

    In Land Securities Trilium Ltd v Thornley, the EAT holds that, when deciding whether there has been a change in job duties, the tribunal may look not only at how the duties were described in the employee's original job description, but also at the actual work she had been given.

  • Date:
    1 November 2005
    Type:
    Law reports

    Case round-up

    Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.