News & Analysis as of

Employment Tribunals Constructive Discharge

BCLP

HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from disability;...

BCLP on

COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more

Hogan Lovells

Employment News: constructive dismissal, worker status

Hogan Lovells on

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 claim unfair constructive...more

BCLP

HR Two Minute Monthly: fitness and propriety; disciplinary injunctions; unconscious bias

BCLP on

Our May update outlines the key UK employment law developments over the last month. It includes cases on the fitness and propriety test for regulated firms, the operation of disciplinary proceedings and pay during suspension,...more

Faegre Drinker Biddle & Reath LLP

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 constructive dismissal claim...more

Dechert LLP

France: Courts Limit Claims for Constructive Dismissal

Dechert LLP on

Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s...more

Faegre Drinker Biddle & Reath LLP

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 had delayed in resigning....more

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