Constructive Dismissal in UK Law
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Constructive Dismissal
Two constructive dismissal cases have been decided since our last newsletter which make for interesting reading. The first case serves as a reminder of how not to approach making changes to terms a...
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Constructive Dismissal Claim Was Barred
In Colomar Mari v Reuters Ltd UKEAT/0539/13, the EAT considered whether an employee who had waited 18 months before resigning and accepted contractual sick pay during this period could claim constr...
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Resignation and Constructive Dismissal
In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he h...
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Employment News: constructive dismissal, worker status
Too little, too late - employer could not cure fundamental breach - If an employer commits a repudiatory breach of contract, an employee is entitled to accept the breach by resigning. They can then...
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Constructive Dismissal and Managing Departures
In Gibbs v Leeds United Football Club Ltd [2016] EWHC 960 (QB), the High Court considered whether changes to an employee’s duties amounted to a fundamental breach of contract entitling him to bring...
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Employee's Fundamental Breach Was No Bar to Constructive Dismissal Claim
In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a c...
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