Constructive Dismissal

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 […]

Constructive dismissal

Constructive unfair dismissal claims inevitably involve a Tribunal identifying the reason or reasons for the resignation.  The EAT case of Mrs S Logan v Celyn House Ltd reminds us of the principle established in the Meikle case [2005], that the Tribunal should not look for a principal reason but should consider all contributory reasons. In […]

By |2019-12-25T15:35:45+00:00September 6th, 2012|Constructive Dismissal|0 Comments

Constructive unfair dismissal

To win a claim of constructive unfair dismissal a Claimant must demonstrate fundamental breach of contract and that they resigned in response to the breach (without delaying too long). In the Tribunal case of Mr Morgan v Halls of Gloucester, Mr Morgan’s claim of constructive unfair dismissal was dismissed.  The Tribunal found that two acts […]

By |2019-12-25T16:18:19+00:00December 15th, 2011|Constructive Dismissal|0 Comments

Constructive dismissal

EAT decisions on what is capable of amounting to repudiatory conduct for the purposes of bringing a constructive unfair dismissal claim are always helpful as it is such a big bold step for an employee to take that, in recommending such a course of action, we need to be confident that a successful claim will […]

By |2019-12-25T18:26:13+00:00July 20th, 2010|Constructive Dismissal|0 Comments

Constructive dismissal

It is always a brave employee who resigns in the expectation of being able to bring a successful constructive unfair dismissal claim.  The need to be able to demonstrate a repudiatory breach of a term of the contract, particularly if relying upon breach of an implied term such as that of trust and confidence, is […]

By |2019-12-25T17:27:18+00:00April 15th, 2010|Constructive Dismissal|0 Comments

What Amounts to the “Last Straw”?

An interesting constructive dismissal claim has recently been decided by the Employment Appeal Tribunal in Edinburgh looking at what can and cannot amount to a last straw entitling an employee to treat their employment contract as discharged following a series of failures by their employer. In this case the Employment Tribunal had found for the employee […]

By |2019-12-25T17:40:28+00:00May 6th, 2009|Constructive Dismissal|0 Comments