An Employment Tribunal held that the Claimant was not too ill to resign while on long term sick leave and concluded that she had affirmed the contract following alleged breaches by her employer. The Claimant was a systems support analyst who joined the employer in October 2004. She was off sick with symptoms of stress, anxiety […]
Tag: constructive dismissal
Too much notice?
The recent EAT case of Cockram v Air Products Plc concerns an employee who resigned claiming constructive dismissal following a repudiatory breach of contract by his employer. The employee gave longer notice than he was contractually required to do for financial reasons. He was required to give three months notice but in fact gave seven months […]
Can an employee who is constructively dismissed contribute to their dismissal?
The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]
When zero hours is not zero hours
There has been much media coverage over the past few months about zero hours contracts. Love them or hate them, they can be very valuable in many industries to flex up and down to demand. The problem with them is that, like most good ideas, they are often misused. Employers often use a zero hour […]
Grievances and Constructive dismissal
A recent EAT case is useful reminder of the interplay between grievances and a case for constructive dismissal. Long gone are the days where one has to raise a grievance before one can bring an employment tribunal claim but employees are still well advised to do so. This is for a number of reasons. Firstly of […]
Constructive dismissal
There is much confusion amongst the public over the term constructive dismissal. I have heard the term used by employees saying that when there is an actual dismissal they have been constructively dismissed and some businesses are totally surprised that such a concept exists until of course they get their first employment tribunal claim. In […]