Constructive dismissal
In Bunning v G T Bunning & Sons Ltd, the Court of Appeal holds that the tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.
In Kerry Foods Ltd v Lynch, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.
Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.
This week's case round-up from Eversheds, covering constructive dismissal.
In Judge v Crown Leisure Ltd, the EAT holds the tribunal did not err in law in deciding, as a matter of factual analysis, that a conversation between the applicant and his manager at a staff Christmas party did not amount to an enforceable promise to increase his pay, but were merely words of comfort.
In London Borough of Waltham Forest v Omilaju, the Court of Appeal holds that conduct by an employer amounting to the "last straw" for the purposes of a finding of constructive dismissal must be the last in a series of actions which cumulatively amount to a repudiatory breach of the implied term of trust and confidence.
In Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, the Court of Appeal held that putting an employee who was off sick for a disability-related reason on to half pay after a period of full pay was unjustified less favourable treatment where the employer had failed to make reasonable adjustments, which, had they been made, would have resulted in the employee's returning to work before she became liable to have her sick pay reduced.
In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.
This week's case round-up from Eversheds, covering: indirect age discrimination; and homeworking arrangements.
This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.
Employment law cases: HR and legal information and guidance relating to constructive dismissal.