Constructive dismissal

New and updated

• Type:

  Employment law cases

  Constructive dismissal: Tribunal erred in finding employee worked in demoted post without protest

  In Novakovic v Tesco Stores Ltd EAT/0315/15, the EAT held that the employment tribunal failed to consider all relevant evidence when finding that the employee had affirmed the employer's repudiatory breach of contract.

• Type:

  Employment law cases

  Case round-up

  Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  Constructive dismissal: written acceptance of terms did not affirm the contract

  The Employment Appeal Tribunal (EAT) has held that an employee's written acceptance of new terms of employment for a demoted role did not affirm the contract of employment. The employee had worked in the demoted position under protest.

• Type:

  Employment law cases

  Constructive dismissal: employee on sickness absence affirmed contract

  The Employment Appeal Tribunal (EAT) has held that an employee on long-term sickness absence and in receipt of sick pay had affirmed her contract following alleged breaches by her employer. No special considerations apply where an employee alleges that the employer's breach amounts to a demotion.

• Type:

  Employment law cases

  Smoking at work: school catering assistant's use of e-cigarette justifies suspension

  A school catering assistant was suspended by her employer for using an e-cigarette on school premises. She resigned and claimed that she had been constructively dismissed. The employment tribunal did not uphold her claim, but indicated that if she had not resigned but been dismissed, the tribunal might have judged that dismissal to be unfair.

• Type:

  Employment law cases

  Case round-up

  Helen Almond is professional support lawyer, Nigel Cousin and Victoria Davies managing associates and Iain Naylor and Andrew Nealey associates Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  Constructive dismissal: delay in resigning does not alone affirm contract

  The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.

• Type:

  Employment law cases

  Case round-up

  Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Constructive dismissal: notice in excess of contractual amount affirms the contract of employment

  The Employment Appeal Tribunal has held that, where an employee gives notice to terminate his or her contract of employment in excess of the contractual amount, the employee will be deemed to be offering additional performance of his or her contract, which will affirm the contract and undermine a claim for constructive dismissal.

• Type:

  Employment law cases

  Fashion retailer's "wardrobe guidelines" for staff did not suggest policy on employees' body sizes

  This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.