Constructive dismissal – delay fatal to claim?

Was the employee’s argument that she was too ill to resign for 18 months successful? Or was she found to have affirmed her contract and therefore not able to bring her constructive dismissal claim? In the case of Colmar Mari… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on

Not possible to retract a mistaken dismissal

In this recent case, the employer (CF Capital plc) had discussed with Miss Willoughby (their employee) the possibility of changing her employment to a self-employed role, to avoid redundancy. Miss Willoughby requested more information, but CF Capital thought she had… Read on

Is self-dismissal possible?

In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying… Read on

Do not send dismissal letters in the post

The date an employee actually reads a letter dismissing them will be the date their employment ends (provided they have not unreasonably ignored it). The Supreme Court has just confirmed this beyond any doubt. This means that the termination date… Read on

What is constructive dismissal?

Constructive dismissal describes the situation where an employer treats a member of staff so badly that they are entitled to resign and treat themselves as having been ‘constructively dismissed’. The conduct relied upon must be very serious, so serious that… Read on