Breach of contract
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.
We look at three employment tribunal cases in which employers criticised or disciplined employees for their social media activities.
If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.
We look at three recent employment tribunal decisions where the actions of the employer led to successful unfair constructive dismissal claims.
Enhanced to include additional information on pay during the statutory notice period.
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.
In Upton-Hansen Architects Ltd v Gyftaki, the Employment Appeal Tribunal upheld the tribunal decision that the employee's suspension was in breach of the implied term of trust and confidence. The employee was constructively dismissed and, in the absence of a potentially fair reason, the dismissal was unfair.
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
HR and legal information and guidance relating to breach of contract.