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Constructive dismissal

New and updated

  • Date:
    24 August 2017
    Type:
    Law reports

    Breach of contract: Suspension is not a neutral act or default position

    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.

  • Date:
    1 March 2017
    Type:
    Law reports

    Pre-termination negotiations: Employer's improper conduct meant offer was not a protected conversation

    In Lenlyn UK Ltd v Kular EAT/0108/16, the EAT held that an employer's offer to an employee of a settlement agreement did not constitute a "protected conversation" because the employer had acted improperly in all the circumstances, and in doing so had also breached trust and confidence.

  • Date:
    2 December 2016
    Type:
    Law reports

    Protected conversations: improper behaviour leads to constructive dismissal

    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.

  • Date:
    19 June 2016
    Type:
    Law reports

    Constructive dismissal: Tribunal erred in finding employee worked in demoted post without protest

    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.

  • Date:
    1 June 2016
    Type:
    Law reports

    Case round-up

    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.

  • Date:
    27 April 2016
    Type:
    Law reports

    Constructive dismissal: written acceptance of terms did not affirm the contract

    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.

  • Date:
    1 April 2015
    Type:
    Law reports

    Constructive dismissal: Employee who accepted contractual sick pay for 39 weeks had affirmed contract

    In Mari v Reuters Ltd EAT/0539/13, the EAT upheld an employment tribunal decision that an employee on sick leave who accepted contractual sick pay for 39 weeks, and who called on her employer to perform other aspects of the contract, had affirmed the contract and had therefore lost the right to claim constructive dismissal.

  • Date:
    13 February 2015
    Type:
    Law reports

    Constructive dismissal: employee on sickness absence affirmed contract

    The Employment Appeal Tribunal (EAT) has held that an employee on long-term sickness absence and in receipt of sick pay had affirmed her contract following alleged breaches by her employer. No special considerations apply where an employee alleges that the employer's breach amounts to a demotion.

  • Date:
    4 February 2015
    Type:
    Law reports

    Smoking at work: school catering assistant's use of e-cigarette justifies suspension

    A school catering assistant was suspended by her employer for using an e-cigarette on school premises. She resigned and claimed that she had been constructively dismissed. The employment tribunal did not uphold her claim, but indicated that if she had not resigned but been dismissed, the tribunal might have judged that dismissal to be unfair.

  • Date:
    1 November 2014
    Type:
    Law reports

    Case round-up

    Helen Almond is professional support lawyer, Nigel Cousin and Victoria Davies managing associates and Iain Naylor and Andrew Nealey associates Addleshaw Goddard LLP. They round up the latest rulings.