A quick guide to constructive dismissal
You may have heard the phrase “constructive dismissal” but, do you really know what it means? What does constructive dismissal involve and what are the legal implications when someone makes a claim for constructive dismissal? It’s a notoriously complicated area… Read on
Probationary periods: what are they and what do you need to know about them?
You may have heard people say they are “working their probation” and it is very common for employment contracts to contain a probationary period clause but, what exactly is this and, how does it work? We look at the legal… Read on
Employer’s disciplinary appeal failure could be constructive dismissal
The Court of Appeal recently reiterated that the effect of a successful disciplinary appeal by an employee against his dismissal was that the dismissal effectively “vanished” and his employment was restored. He should be treated as if he had never… Read on
Series of acts damaged trust and confidence and amounted to gross misconduct
An employer is entitled to terminate the employment contract without notice or pay in lieu of notice where there is an act or omission by the employee which amounts to gross misconduct (known as “summary dismissal”) . The crucial question… Read on
Constructive dismissal: pay cut entitled employee to bring claim
The Employment Appeal Tribunal (EAT) recently considered the implications of an employer enforcing a drastic pay cut on an employee. Background Commonly, an employee’s constructive dismissal claim will be based on a breach of implied term of mutual trust and… Read on
Constructive dismissal: Court of Appeal decision on “last straw” principle
A recent decision from the Court of Appeal has made it clear that a series of events can add up to a breach of contract serious enough to allow an employee to resign and claim constructive dismissal, even when they… Read on
Equal pay fact sheet
Our latest fact sheet looks at equal pay. Our series of factsheets is intended to cover topics which individuals may find of particular interest or, which are universally relevant but tricky to navigate. Our aim is to give basic facts… Read on
Fixed-term employee wins unfair dismissal claim
The Employee Appeal Tribunal (EAT) recently confirmed that an employee whose fixed-term contract was not renewed was unfairly dismissed. Legally, when an employee’s fixed-term contract is not renewed after it expires, that is a dismissal (section 95(1)(b) of the Employment… Read on
Equal pay claims hit the retail sector
It has been reported that Tesco is facing the UK’s largest ever equal pay claim with female staff chasing back pay of up to £4 billion. The latest legal challenge sees women store workers claiming parity with men who work… Read on
Supermarket held responsible for employee deliberately disclosing personal data
Can an employer be held liable when an employee intentionally breaches data protection laws? According to a recent High Court case, the answer is yes. In the case of Various claimants v Wm Morrisons Supermarket PLC, the Court ruled that… Read on