Constructive dismissal

New and updated

• 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.

• Type:

  Employment law cases

  Case round-up

  Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Case of the week: Constructive dismissal and reason for resignation

  This week's case of the week, provided by DLA Piper, covers constructive dismissal where there was more than one possible reason for the individual's resignation.

• Date:

  14 August 2012

  Type:

  Employment law cases

  Constructive dismissal: employer's "settled intention" to halve employee's sick pay was fundamental breach of contract

  The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement. 

• Date:

  1 August 2012

  Type:

  Employment law cases

  No constructive dismissal of suspended employee reinstated following grievance over unfair disciplinary action

  The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation. 

• Type:

  Employment law cases

  Case round-up

  Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Case round-up

  Dinu Suntook, Cane Pickersgill and Poppy Fildes are all associates at Addleshaw Goddard. They round up the latest rulings.

• Type:

  Employment law cases

  TUPE transferee unlawfully removed sick pay and reduced holiday entitlement one year after transfer

  The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.

• Type:

  Employment law cases

  Case round-up

  David Malamatenios and Georgina Kyriacou are partners, and Krishna Santra, Colin Makin and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  FAQs

  Must an employee have been employed for a particular period of time before they can claim constructive dismissal?