Constructive dismissal
A “constructive dismissal” occurs where an employee resigns in response to his or her employer's breach of contract. This is deemed to be a dismissal, even though the employee has resigned and not been directly dismissed by the employer.
For example, where an employee is forced to resign because the employer has unilaterally reduced pay or in response to bullying, the employee might claim to have been constructively dismissed. An employee who considers that he or she has been constructively dismissed could bring a claim for unfair dismissal in the employment tribunal against the employer.
Tesco worker ‘left in the dark’ about role was unfairly dismissed
A former Tesco employee who was left in the dark about changes to her role and suspended for not accepting them was constructively and unfairly dismissed.
Could your office temperature land you in legal hot water?
With the heat set to rise into the high thirties this week, could there be legal issues as employers aim...
School loses appeal in gay headteacher constructive dismissal decision
A school in Wales has had its appeal dismissed in a case where a gay headteacher claimed for constructive dismissal....
Former Royal British Legion employee wins constructive dismissal case
An employment tribunal has found that a former case officer at The Royal British Legion was bullied by her line...
BBC reporter’s employment case struck out
An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...
Revising a contract of employment: tips to avoid unfair dismissal
Employers must tread carefully when revising a contract of employment. Joanna Sutton offers tips to avoid unfair dismissal claims or ...
Brexit: what’s the legal position if employees must relocate?
Suggestions that high-profile businesses such as banks will leave the UK because of Brexit highlight the employment law issues employers...
Varying contracts of employment: what are the risks for employers?
Labour MP Siobhain McDonagh has suggested that thousands of M&S staff could lose their jobs in the run up to...
Workplace protected conversations shield cannot be waived
In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...
When should you suspend an employee during a disciplinary investigation?
Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn’t be automatic in...
Zika and employees – an unfortunate Olympic challenge
Ed Stacey examines whether employees can be forced to work in Brazil in light of the Zika virus
Gibbs v Leeds United: £330k for football club’s breach of contract
The High Court held that the presence of commercial exit discussions between a football club and an assistant manager during...
Chelsea FC doctor Eva Carneiro settles constructive dismissal claim
Former Chelsea FC team doctor Eva Carneiro has settled her employment tribunal claim against the club and Jose Mourinho for...
Sexual harassment: tribunal awards £830k to NHS HR director
An employment tribunal has awarded more than £830,000 to an NHS HR director who was constructively dismissed and harassed after...
Expensive employment tribunal awards: six-figure sums in 2015
While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...
