In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others, the Supreme Court held that there was an implied term in the employment contracts that prevented Tesco from exercising its right to terminate them for the sole purpose of removing the entitlement to enhanced pay.
We look at three recent employment tribunal decisions where the unfair constructive dismissal claim was successful because of mistakes made by the employer that breached the employment contract expressly or impliedly.
In Harpur Trust v Brazel, the Supreme Court held that holiday pay for part-year workers should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act.
We look at four employment tribunal cases in which the claimants argued that their employer's failure to make better use of the Coronavirus Job Retention Scheme rendered their dismissal unfair.
In Ferguson and others v Astrea Asset Management Ltd, the Employment Appeal Tribunal held that the transferor's substantial improvements to the employment contracts of senior employees shortly before the transfer were void under TUPE legislation and the EU abuse of law principle.
In MacLean v Menzies Distribution Ltd, an employment tribunal found that the employer's public "dressing-down" of an employee via email entitled the employee to resign and successfully claim constructive dismissal.
In Jagex Ltd v McCambridge, the Employment Appeal Tribunal held that the employee had not acted in breach of contract or committed gross misconduct when he shared pay information with a colleague, after he found a document left on a printer containing the senior executive's salary.
In Retirement Security Ltd v Wilson, the Employment Appeal Tribunal held that the employer's "flawed" disciplinary investigation entitled the claimant to resign and successfully claim constructive dismissal.