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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.
9 Aug 2005
When is a resignation not counted as a resignation?
9 Aug 2005
Sunday working dismissal claim overruled on appeal
22 Jul 2005
The Employment Appeal Tribunal has rejected BA's appeal against a ruling in favour of a female pilot.
20 Jul 2005
Leaked document suggests airline bosses tried to make life unpleasant enough to drive workers to accept redundancy
7 Jun 2005
Non-nonsense celebrity chef Gordon Ramsay has a reputation for ruling his kitchen with a spatula of iron and motivating his staff through fear. But Ross Bentley finds there’s more to the tough-talking Glaswegian’s management style than meets the eye.
18 Feb 2005
A blind IT worker has won a discrimination case against a multinational advertising agency that gave her “nothing to do” for two years
3 Feb 2005
Katherine Priestley of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation and provide advice on what to do about them
25 Jan 2005
A manager at an international waste disposal company has brought the first claim under sexual orientation legislation which came into...
11 Nov 2004
A government drive to end the UK’s compensation culture has been welcomed by the Federation of Small Businesses (FSB).In a...
1 Jun 2004
In this series, we delve into the XpertHR reference manual to find essential information relating to one of our features. ...