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Constructive dismissal

New and updated

  • Date:
    24 January 1989
    Type:
    Employment law cases

    Unfair dismissal remedies: Increase in hours leads to unfair constructive dismissal

    A unilateral increase in hours of work without consultation constituted a breach of contract entitling employees to resign and claim constructive dismissal, the EAT holds in Humphreys & Glasgow Ltd v Broom and Holt*.

  • Date:
    1 June 1988
    Type:
    Employment law cases

    Dismissal: Transfer to new workplace not constructive dismissal

    In Courtaulds Northern Spinning Ltd v Sibson the Court of Appeal considers whether the transfer of an employee, a heavy goods vehicle driver, from one depot to a depot one mile away breached the employee's contract of employment.

  • Date:
    19 January 1988
    Type:
    Employment law cases

    Dismissal: Refusal to hear grievance may amount to constructive dismissal

    In Elder v Clydebank Co-operative Society Ltd the EAT in Scotland orders a rehearing of a constructive dismissal complaint after an industrial tribunal failed to consider whether an employers' refusal to allow an employee to appeal against a decision to transfer her to another branch amounted to constructive dismissal.

  • Date:
    1 December 1980
    Type:
    Employment law cases

    Gardiner v London Borough of Merton

    In Gardiner v London Borough of Merton [1980] IRLR 472 CA, the Court of Appeal held that where an individual leaves the employ of one authority and joins another he or she will lose all rights of continuity of employment except for those that may be provided for under the Redundancy Payments (Continuity of Employment etc) (Modification) Order 1999.

  • Date:
    1 January 1980
    Type:
    Employment law cases

    Ford v Milthorn Toleman Ltd

    In Ford v Milthorn Toleman Ltd [1980] IRLR 30 CA, the Court of Appeal upheld the EAT's finding that an employee was entitled to claim constructive dismissal when, upon receiving his notice that he was to join a competitor, his employers removed his duties as a sales manager and proposed to change the basis of his remuneration.

  • Date:
    25 January 1978
    Type:
    Employment law cases

    Constructive dismissal: Correct test is based on law of contract

    In Western Excavating (ECC) Ltd v Sharp, the Court of Appeal lays down the rule that in order to be able to resign and claim constructive dismissal within the meaning of para. 5(2)(c) of Schedule 1 to the Trade Union and Labour Relations Act, an employee must be able to show that the employer's conduct amounted to a significant breach of a fundamental term of the contract of employment or indicated that the employer no longer intended to be bound by the contract.