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- Date:
- 22 November 2019
- Type:
- Commentary and insights
Consultant editor Darren Newman considers if an employer can ever be successful in claiming that a constructive dismissal is fair in the light of two recent cases lost by employers.
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- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
In Ward v Fiducia Comprehensive Financial Planning Ltd, an employment tribunal upheld a claim for constructive unfair dismissal, finding that the employer had put inappropriate and excessive pressure on the employee to agree to an extended restrictive covenant following his resignation.
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- Type:
- FAQs
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- Date:
- 15 October 2019
- Type:
- Podcasts and webinars
We discuss trends in labour turnover and sickness absence rates based on data gathered by XpertHR.
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- Type:
- Employment law cases
In Stolk v Hunts Foodservice Ltd and another, an employment tribunal awarded the claimant £11,028 after finding that pre-termination negotiations were admissible as evidence of pregnancy and maternity discrimination.
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- Type:
- Employment law cases
In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.
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- Date:
- 3 September 2019
- Type:
- Podcasts and webinars
We discuss common issues associated with dismissal for long-term poor attendance recently highlighted in the EAT decision of Kelly v Royal Mail Group.
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- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
In Phoenix House Ltd v Stockman, the Employment Appeal Tribunal upheld the tribunal decision that the covert recording of a confidential meeting was not a breach of the implied term of trust and confidence. The EAT gave guidance on the factors that may justify such a recording.