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.
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.
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.
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.
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.
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.
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.
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.
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.
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.