Constructive Dismissal

Ms S Flatman v Essex County Council

Hello and welcome to this week’s case of the week. This week we’re looking at constructive dismissal. Particularly, whether an employer can ‘remedy’ a fundamental breach of contract so to extinguish such a claim. Facts The Claimant was employed as a Learning Support Assistant in one of the Respondent’s schools. One of her duties was [...]

Mrs E Aylott v BPP University Limited

University Lecturer Called ‘mad as a box of frogs’ Claims Constructive Dismissal Introduction Hello all and welcome back to our weekly case law update. This week’s case looks at an employment law and HR lecturer who was awarded £168,000 for a constructive unfair dismissal and disability claim. Facts Mrs. E Aylott was employed by BPP [...]

Miss S Stretch v Ballymore Construction Services Ltd

Hello and welcome to PJH Law’s Case of the Week. This week, we look at the importance of ensuring that complaints of sexual harassment in the workplace are dealt with seriously. A failure by an employer to properly investigate allegations of sexual harassment could land them in hot water. Such behaviour is likely to breach [...]

The Legal Takeaways from Philip Rutnam’s Resignation Statement

3 Takeaways from Philip Rutnam’s resignation statement: “Shouting and swearing, belittling people, making unreasonable and repeated demands - behaviour that created fear” is likely to amount to bullying. Bullying by your manager is a breach of trust and confidence and grounds for constructive dismissal. Bullying, particularly a culture of bullying, could amount to a breach [...]

Retirement Security Ltd v Wilson

Last week we looked at redundancy and suitable alternative employment. This case concerns constructive dismissal and disciplinary procedures. The question this week is below, but really the case is a what-not-to-do during disciplinary investigations! Can an unreasonable disciplinary investigation amount to a breach of the implied term of trust and confidence? Retirement Security Ltd, the [...]

Anthony v Dyson Ltd

Hello and welcome back to your case law update. Last week we had our monthly employment law update which had features on Dominic Cummings, Emma Watson launching a sexual harassment helpline and pet bereavement leave. Going back further, our previous case law update focused on calculating holiday pay. This week, we have two cases, one […]

By |2019-12-15T13:39:03+00:00September 13th, 2019|Constructive Dismissal|0 Comments

The Governing Body of Tywyn Primary School v Aplin

This week we are looking at sexual orientation discrimination and constructive dismissal. Those of you with good memories may remember we recently covered a race discrimination case that focused on the burden of proof for discrimination claims. In short, if the employee can establish a prima-facie case of discrimination, the burden of proof shifts onto […]

By |2019-12-23T17:53:22+00:00April 5th, 2019|Constructive Dismissal, Sexual Discrimination|0 Comments

Patel v Folkestone Nursing Home Ltd

Good morning and welcome back to your weekly case law update. Last week’s update focused on disability discrimination and ill-health retirement. This week we have two cases for you, on constructive dismissal and unfair dismissal. The question in this case is: Does failing to address a reason for dismissal at a successful disciplinary appeal amount […]

By |2019-12-24T17:26:42+00:00September 21st, 2018|Case of the Week - Blog, Constructive Dismissal|0 Comments

East Kent NHS Foundation Trust v Levy

Our second case concerns resignation and asks: Does handing in your notice amount to an unambiguous act of resignation? Ms Levy, the Claimant, was an Administrative Assistant at Kent NHS, the Respondent. She worked in the admin department but received an offer to work in the Respondent’s radiology department. The Claimant handed in her notice […]

By |2019-12-26T15:04:57+00:00September 21st, 2018|Case of the Week - Blog, Constructive Dismissal|0 Comments

Moyston v S & P Casuals Ltd

Good morning and welcome back to your weekly case law update. Last week was our monthly employment law update with features on the Windrush scandal, Brexit whistleblower and zero hours contracts. Prior to that, our last case law update had cases on early conciliation and shared parental leave. This week we have a case about […]

Pets at Home v McKenzie

This week’s case concerns constructive dismissal and asks: Can a final straw incident relate to a previously affirmed breach of the implied term of trust and confidence? Pets at Home v McKenzie The Claimant, Ms McKenzie, was an Assistant Manager at Pets At Home, the Respondent. At the Claimant’s store there were two Assistant Managers, […]

By |2019-12-24T16:24:32+00:00April 5th, 2018|Constructive Dismissal|0 Comments

Chindove v Morrison Supermarkets Plc

Good morning and welcome back to your weekly case law update. Last week we had our monthly update for November, it had features on the ECJ’s decision in the Sash Windows case and new statutory pay rates. Our previous case law update was the EAT decision in the Uber case. Since we last covered the […]

Ogilvie Construction Ltd v Brown – Can an employee be constructively dismissed if they did not intend to terminate their employment when resigning?

Sharfudeen v TJ Morris Ltd T/A Home Bargains – Can the rejection of a grievance amount to a fundamental breach of trust and confidence?

We thought we would start off this month’s newsletter with a routine case law update. This case concerns race discrimination and constructive dismissal. For the uninitiated, discrimination can be direct, indirect, harassment or victimisation. Constructive dismissal is a form of unfair dismissal and is defined under s95(1)c of the Employment Rights Act 1996 as: An […]

By |2019-12-26T15:20:21+00:00April 28th, 2017|Constructive Dismissal, Race Discrimination|0 Comments