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- Date:
- 16 November 2021
- Type:
- Podcasts and webinars
How are employment tribunals approaching claims arising from the coronavirus pandemic? We explore the most important decisions handed down so far this year and discuss their practical implications for HR.
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- Type:
- Employment law cases
In An Operations Coordinator v A Facilities Management Service Provider, the Workplace Relations Commission in Ireland found that a worker was constructively dismissed when she resigned after she raised concerns about safe working and her employer rejected her request to work remotely during the coronavirus pandemic.
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- Type:
- Employment law cases
In Hurley v East Sussex Healthcare NHS Trust, an employment tribunal held that the employee had been unfairly constructively dismissed and that the line manager's practical joke was, of itself, sufficient to amount to a fundamental breach of contract.
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- Type:
- Employment law cases
In Grant v Hunter Price International Ltd and another, an employment tribunal refused to reduce the claimant's award of £73,853 for pregnancy discrimination and constructive dismissal for covertly recording meetings during a discriminatory disciplinary procedure.
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- Type:
- Employment law cases
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.
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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:
- 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 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.