Following a ruling by the Employment Appeal Tribunal, it’s been suggested that employers should never write to employees who are off sick as this can entitle them to resign and claim constructive
dismissal. Is this really true?
Published 10.05.2016
In order for an employee to claim constructive dismissal, they must resign - either with or without notice. But what if they resign and give you more than their required contractual notice? Can they
still claim constructive dismissal?
Published 27.06.2014
If an employer commits a serious breach of contract, the employee can resign and claim constructive dismissal. However, in order to succeed at the tribunal, must that breach be the root cause of the
employee’s resignation?
Published 19.11.2013
An employee has just lost his claim for constructive dismissal at the Employment Appeal Tribunal. This was due to the “swift actions” of his senior managers. Why did they make such a difference (and,
ultimately, stop him winning)?
Published 28.08.2012
For an employee to win a constructive dismissal claim, they must show that your behaviour breached the implied term of trust and confidence. But how quickly must they act? What does a new Employment
Appeal Tribunal case say?
Published 20.09.2007
You’ve lowered the rate of expenses an employee was eligible for. He wasn’t happy but carried on working anyway. Now, seven months later, he’s resigned and claimed for his unpaid expenses. What’s the
position?
Published 27.11.2008
An employee who was denied a phased return to work after having extensive surgery on both of her wrists has been awarded over £29,000 in compensation by the tribunal. What was the legal issue here?
Published 30.11.2023
The tribunal often deals with claims where the employee alleges that they have been constructively dismissed by their employer. But what is a constructive dismissal and how does it differ from an
unfair dismissal?
Published 13.02.2019
In a 2018 case, the employer threatened to impose a significant pay cut on the employee due to his dwindling sales figures. According to the Employment Appeal Tribunal, why was this threat
problematic?
Published 19.06.2018
An employer has been ordered to pay a former employee who resigned compensation totalling £49,000. This was all down to one fatal mistake. So what did it do that was wholly unacceptable?
Published 15.12.2014