Aberdeen City Council v McNeill
| Jurisdiction | UK Non-devolved |
| Neutral Citation | UKEAT/0037/08 |
| Year | 2009 |
| Date | 2009 |
| Court | Employment Appeal Tribunal |
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6 cases
- Atkinson v Community Gateway Association
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Aberdeen City Council v McNeill
...the relationship of trust and confidence by reason of his own gross misconduct (Employment Appeal Tribunal judgment, 4 February 2010, [2010] IRLR 374, para 106; Note of Lady Smith refusing leave to appeal, 7 May 2010, page 2). The principal features of that misconduct involved the appellant......
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Baxter vs Cavehill Funeral Services
...these were again common law actions and much uncertainty was caused by the decision of the Scottish EAT in Aberdeen CC v McNeill [2010] IRLR 374 in a case directly on constructive dismissal that as a matter of both contract law and also under RDF this 'mutual breach' point is good law. On t......
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Brandeaux Advisers (UK) Ltd v Chadwick
...relies on the fact that RDF has been followed in the Scottish Employment Appeal Tribunal in the case of Aberdeen City Council v McNeill [2010] IRLR 374– see in particular paragraph 99 of that decision. Mr Solomon seeks to distinguish that case on a number of different bases. Nonetheless, at......
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1 books & journal articles
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The Mutuality of Obligations Doctrine and Termination of the Employment Contract: McNeill v Aberdeen City Council (No 2)
...of the doctrine of mutuality of contractual obligations. In the Employment Appeal Tribunal (“EAT”)8 8 Aberdeen City Council v McNeill [2010] IRLR 374. Lady Smith held that the employee could not establish a statutory constructive dismissal under section 95(1)(c) and that he could not termin......