Topics

Constructive dismissal

New and updated

  • Date:
    1 June 2010
    Type:
    Law reports

    Case round-up

    Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.

  • Date:
    6 May 2010
    Type:
    Law reports

    Employer's attitude to contractual bonus was a fundamental breach

    This case demonstrates that, even if an employer is correct in its interpretation of a contractual term, the manner in which it deals with an employee in respect of that term can still give rise to a constructive dismissal.

  • Date:
    5 May 2010
    Type:
    Law reports

    Constructive dismissal: Repudiatory breach cannot be "cured" to prevent constructive dismissal claim

    In Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121 CA, the Court of Appeal held that the "range of reasonable responses" test has no place in a tribunal's determination of whether or not there was a repudiatory breach of contract by the employer and constructive dismissal. It also held that such a breach cannot be "cured", so as to prevent the innocent party accepting the breach.

  • Date:
    12 April 2010
    Type:
    Law reports

    Employee constructively dismissed for refusing to commit perjury

    This is a whistleblowing case that turned on an unusual protected disclosure.

  • Date:
    31 March 2010
    Type:
    Law reports

    Series of failures led to fundamental breach of trust and confidence

    This case is a classic example of constructive dismissal, and demonstrates the importance of following fair and thorough disciplinary and grievance processes.

  • Date:
    30 March 2010
    Type:
    Law reports

    Annual leave: Holiday entitlement can be subject to notice requirements

    In Lyons v Mitie Security Ltd EAT/0081/09, the EAT held that, in principle, the ability to take annual leave is not inalienable and can be lost if the worker does not comply with the notice requirements imposed by the Working Time Regulations 1998 and/or the worker's contract. However, the tribunal had erred in failing to analyse properly whether or not the particular notice requirements of the claimant's contract had been complied with, before deciding to dismiss his constructive dismissal and holiday pay claims.

  • Date:
    22 March 2010
    Type:
    Law reports

    Operation of employer's stop and search procedure was fair

    This case is an example of the operation of an effective (albeit not flawless) stop and search procedure by an employer that suspects an employee of theft.

  • Date:
    15 March 2010
    Type:
    Law reports

    Decision to terminate private tenancy was "last straw"

    In this case, a decision to terminate a private tenancy was the "last straw" in a constructive dismissal claim.

  • 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.