Constructive dismissal – an essential guide

Constructive dismissal is one of the most frequent and important topics for legal advice at Springhouse. It is, however, commonly misunderstood. An employee needs to have resigned in order to bring a constructive dismissal claim, and this is naturally a… Read on

Clause allowing changes to contract effective?

Could school change teacher’s contract, which said it was “subject to variation, depending on the requirements of the school timetable”? Background We have recently reported on two cases where employers have tried to change the terms of their employee’s contracts… Read on

Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… Read on

Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on

Aerosols, perfume and reasonable adjustments

Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… Read on

Judgment on tribunal fees imminent

In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… Read on

Did employee’s contract breach exonerate employers of theirs?

Could an employee’s own breach stop them from claiming against the employer? No, according to the Employment Appeal Tribunal in the recent case of Atkinson v. Community Gateway Association. Background Mr Atkinson wanted to bring a claim of constructive dismissal… Read on