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Constructive dismissal

New and updated

  • Date:
    16 November 2021
    Type:
    Podcasts and webinars

    Podcast: COVID-19 employment tribunal decisions

    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.

  • Type:
    Employment law cases

    Coronavirus: Constructive dismissal after remote working request denied

    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.

  • Type:
    Employment law cases

    Constructive dismissal: Manager's practical joke breached contract

    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.

  • Type:
    Employment law cases

    No award reduction for covertly recording disciplinary proceedings

    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.

  • Type:
    Employment law cases

    Constructive dismissal: Public "dressing down" entitled employee to resign

    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.

  • Date:
    22 November 2019
    Type:
    Commentary and insights

    Can a constructive dismissal ever be fair?

    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.

  • Type:
    Employment law cases

    Disciplinary investigations: "Flawed" process led to constructive dismissal

    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.

  • Type:
    Employment law cases

    Employee "blackmailed" into signing restrictive covenants was unfairly dismissed

    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.

  • Type:
    Employment law cases

    Settlement discussions admissible in pregnancy and maternity discrimination case

    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.

  • Type:
    Employment law cases

    Constructive dismissal: Suspension breached implied term of trust and confidence

    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.