Constructive Dismissal in UK Law
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Buckland v Bournemouth University Higher Education Corp: Statutory Constructive Dismissal and the Implied Term of Mutual Trust and Confidence
The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law...
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Business transfers, employers’ strategies and the impact of recent case law
Under the European Union’s 1977 Acquired Rights Directive, workers transferred to another employer can expect the majority of their original terms and conditions of employment to be protected and c...... ... and changes made without consultation can constitute constructive unfair dismissal.Confusion over the application of the directive greatly ... ...
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The trouble with Tupe.
... ... breach of contract on its part before the employee can claim constructive dismissal. Therefore, if an employer exercises a contractual right to vary ... ...
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The Mutuality of Obligations Doctrine and Termination of the Employment Contract: McNeill v Aberdeen City Council (No 2)
... ... from the employer pursuant to the statutory concept of constructive dismissal in section 95(1)(c) of the Employment Rights Act 1996 ... ...
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A cautionary tale: any firm that thinks it can give final warnings to staff who have committed minor transgressions should think again, writes Sue Nickson. Disciplinary sanctions should be used with great care.
... ... in relation to conduct that "just stops short of that justifying dismissal", or where dismissal would be an option, but that sanction isn't applied ... term of trust and confidence, entitling Sheridan to claim constructive dismissal ... It's clear that employers should avoid imposing harsh ... ...
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Sticks and Stones: The Industrial Appeal Tribunal's Code of Practice on Name Calling
... ... Mrs Head resigned and claimed sexual harassment and constructive dismissal. The matter came before Morison, J, sitting in the ... ...
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To hull and back: the Court of Appeal has decided that tribunals can award compensation for injury to feelings where an employee has suffered from the manner of an unfair dismissal.
... ... Dunnachie's requests to discuss the problem with senior managers were allegedly ignored ... The employment tribunal found constructive dismissal and awarded him 123,328 [pounds sterling] (reduced to 51,700 [pounds sterling] in accordance with the statutory cap at that time). The ... ...
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Big brother RIP?
... ... For example, in an unfair dismissal claim, it may be argued that an employee's human fights have been ... Could employees allege constructive dismissal where their telephone calls or e-mail communications have been ... ...
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Follow the Yellow Brick Road: Munchkins Restaurant Ltd and another v Karmazyn, liability of employers for long-term harassment
Harassment, even of a verbal nature, can pollute the working environment and can destroy the health, confidence and the self-esteem of the victim. Of course, it is up to the claimants in these verb...... ... As will be seen in that case, the employees claimed constructive dismissal on the basis of verbal mis- conduct on the part of the employer ... ...
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