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Constructive dismissal

New and updated

  • 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.

  • Date:
    4 July 2014
    Type:
    Law reports

    Constructive dismissal: delay in resigning does not alone affirm contract

    The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.

  • Date:
    1 July 2014
    Type:
    Law reports

    Case round-up

    Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Date:
    11 June 2014
    Type:
    Law reports

    Constructive dismissal: notice in excess of contractual amount affirms the contract of employment

    The Employment Appeal Tribunal has held that, where an employee gives notice to terminate his or her contract of employment in excess of the contractual amount, the employee will be deemed to be offering additional performance of his or her contract, which will affirm the contract and undermine a claim for constructive dismissal.

  • Date:
    3 December 2013
    Type:
    Law reports

    Fashion retailer's "wardrobe guidelines" for staff did not suggest policy on employees' body sizes

    This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.

  • Date:
    1 December 2013
    Type:
    Law reports

    Case round-up

    Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.

  • Date:
    10 October 2013
    Type:
    Law reports

    Whistleblowing: tribunal award of over £100,000 for CEO who resigned after being suspended for raising FSA concerns

    The employment tribunal in this case awarded over £100,000 to a company CEO who raised concerns with the Financial Services Authority (FSA) over the company's relationship with a firm in the United Arab Emirates.

  • Date:
    11 February 2013
    Type:
    Law reports

    Case of the week: Constructive dismissal and reason for resignation

    This week's case of the week, provided by DLA Piper, covers constructive dismissal where there was more than one possible reason for the individual's resignation.