Constructive dismissal
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.
In Macfarlane and another v Glasgow City Council [2001] IRLR 7 EAT, the EAT held that, despite a clause in the worker's contract expressly entitling the worker to substitute a replacement to do the work if unable to attend work, the worker was deemed to be an employee rather than a sub-contractor.
In Baker v Securicor Omega Express Ltd [2000] IRLB 633 EAT, the Employment Appeal Tribunal held that the employer had been in breach of contact in imposing a change from weekly to monthly pay, and the employee had been constructively dismissed. However, the dismissal was fair for some other substantial reason.
Providing an employee's prospective employer with a reference that revealed several complaints made about the employee, of which she had been unaware, constituted a breach by her employer of the implied term of trust and confidence in her contract of employment, holds the EAT in TSB Bank plc v Harris.
In Jones v F Sirl & Son (Furnishers) Ltd [1997] IRLR 493 EAT, the EAT held that in deciding whether an employee left employment in consequence of a fundamental breach of contract by the employer, the industrial tribunal must determine whether the repudiatory breach was "the effective cause" of the resignation. It does not have to be the sole cause.
The unilateral imposition of a continuous rolling shift pattern in place of the traditional shifts previously worked by employees in accordance with their contracts amounted to an express dismissal of those employees, who reserved their right to complain of unfair dismissal even though they worked under the new system, holds the EAT in Alcan Extrusions v Yates and others.
In Bass Taverns Ltd v Burgess, the Court of Appeal holds that a shop steward who resigned after he was demoted for making disparaging remarks about the employer to trainee managers was unfairly constructively dismissed for taking part in trade union activities at an appropriate time.
In Interconnection Systems Ltd v Gibson, an employee was unfairly constructively dismissed when her employer imposed new shift patterns, and refused to accept that the domestic difficulties created by this change were a ground for considering transferring her to alternative work.
An employee who resigned when her employer threatened to terminate her contract with due notice if she refused to agree to a change in her shift pattern was constructively dismissed, rules the EAT in Greenaway Harrison Ltd v Wiles.
Employment law cases: HR and legal information and guidance relating to constructive dismissal.