Category Archives: Constructive Dismissal

Constructive Unfair Dismissal and Notice

Can an employee lose the right to claim constructive dismissal by working out a 6 month notice period? Potentially, yes, according to a recent case in the High Court. The Law Constructive dismissal arises where an employer commits a fundamental breach of contract entitling the employee to treat his/her contract as being terminated. The breach […]

Potential problems with suspending employees

What are the risks of suspending an employee?  Suspending employees whilst disciplinary allegations are investigated is becoming more frequently used by employers, and in many cases that I advise upon suspension is used incorrectly and without proper consideration for the impact and outcome. In this recent case, a similar situation arose where the employer took […]

Dismissal of a Grievance & Constructive Dismissal

Can the failure to uphold a grievance lead to a claim for Constructive Unfair Dismissal? In this recent case decided by the Employment Appeal Tribunal the issue of grievances and constructive dismissal was dealt with and the case provides some useful points to take away for when you are dealing with grievance issues. The Law […]

Constructive Dismissal: Leeds United FC Case 2016

Constructive dismissal & offers to settle In a recent case decided by the High Court the question of whether an employee, who tries to negotiate a settlement and then subsequently resigns, can make a claim for breach of contract was considered. The Law Constructive dismissal arises where the employer does not dismiss the employee but […]

Alternatives to Redundancy: Lay-Off & Short-Time Working

Does a lay-off have to be for a ‘reasonable’ period of time? Short term lay-off of employees is an option available to employers who need to temporarily reduce their workforce. It is often used by employers in industries where there may be periods between customer contracts. For example manufacturers of boats may have a contract […]

Constructive Dismissal and Harassment

  Can constructive dismissal itself amount to an act of harassment? In a recent case decided by the Employment Appeal Tribunal the question as to whether harassment included constructive dismissal itself was discussed in a case where the employee had been successful in claiming harassment on the grounds of her sex. The Law The definition […]

Duty of Trust and Confidence: What are my obligations if an employee has already breached their own duty?

The mutual obligation of Trust and Confidence  In a recent case the Employment Appeal Tribunal decided the question of whether an employer’s duty of trust and confidence to their employee remains in place even after the employee has acted in breach of their contract. The Law Constructive unfair dismissal occurs when an employee resigns as […]

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