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.
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.
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.
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.
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.
The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement.
The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.