Constructive Dismissal

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

Wright v Silverline Care Caledonia Ltd – Can a Claimant who has been found to be unfairly constructively dismissed be denied compensation for declining an offer of re-employment from the Respondent?

Our next case is thankfully not as gruesome as the first and concerns constructive dismissal and mitigation of losses. Under Section 123(4) Employment Rights Act 1996, Claimants have a duty to mitigate their losses in unfair dismissal claims and a failure to do so will reduce the compensatory award. This includes looking for work, not […]

Nicholson v Hazel House Nursing Home Ltd – A guide to constructive dismissal and maternity discrimination

Hello and welcome back to your weekly case law update. Last week we examined the role of the ACAS Code of Practice in ill-health dismissals. This week we will be looking at constructive dismissal and maternity discrimination. The facts of this case mean it is essentially a beginner’s guide to constructive dismissal and maternity discrimination issues. Today’s questions: Can reducing […]

Gibbs v Leeds United Football Club: Can a perceived demotion amount to breach of contract?

Welcome back, to your weekly case law update. Last week we had three cases for you covering Early Conciliation, sexual orientation discrimination and gross misconduct. We also had a piece on the recent British cycling allegations concerning discrimination and harassment. Today’s question: Can a perceived demotion amount to breach of contract? This week’s case is […]

By |2019-12-30T12:01:18+00:00May 13th, 2016|Breach of Contract, Constructive Dismissal|0 Comments

Tribunal Watch – Mental health attitudes

The recent case of Wickers v Colchester Visionplus Ltd t/a Specsavers Opticians indicates that Tribunals will not rule favourably on employers who have insensitive attitudes towards mental health issues. Following some attendance and performance issues, Ms Vickers became teary during an appraisal. She was later diagnosed with depression. She mentioned this to a director and […]

Employment Law footballing hat trick – Part Three – Eva Carneiro claim goes to hearing

The first two football instalments might have led you to believe, that for footballers at least, it’s grim up North, however, our final instalment will clear up that misconception. Last September you might remember a piece we did about former Chelsea FC doctor Eva Carneiro.  A mediation hearing was held this month but the parties have […]

Medical Incapacity

Hello, as its now the beginning of October and thus the start of the cold season we thought it fitting that today’s Case of the Week concerns long term sickness and medical incapacity. The question this week is: What does medical evidence an employer need before dismissing an employee who is a long-term absentee for […]

Chelsea FC medical staff – Eva Carneiro – Demotion and breach of contract

Even those of you that aren’t fans of football may have heard the excuse Chelsea manager Jose Mourinho gave for drawing to Swansea.  He believed his medical staff were impulsive, naïve and did not understand football. The backlash from such an unforgiving and public telling off has been critical. Whilst others have been placing bets […]

McDonalds racism scandal – Manager cuts black employees hours

A McDonalds branch in Birmingham has had to have its burger and eat it after the manger was caught on video discriminating against black employees. The manager, Mr Khela, cut the hours of the branch’s 20 black employees due to apparent underperformance. When confronted by an employee he insisted this was store policy. Mr Khela […]

Insley V Accent Catering

This is the first Tribunal decision involving e-cigarettes in the workplace. E-cigarettes are a bit of a hazy issue for employers so we hope this week’s case will clear the air a little. The question this week is whether being suspended for smoking an e-cigarette amounts to constructive dismissal? Ms Insley, the Claimant, was employed […]