Is unfair dismissal and constructive dismissal the same thing?
In a nutshell, when someone is constructively dismissed from their employment, they may be able to claim unfair dismissal (which is a statutory right set out in legislation). However, they will need to meet the various eligibility requirements for bringing… Read on
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal and wrongful dismissal may be used inter-changeably by the lay person but, they do not mean the same thing! They are two totally different types of claims which may be bought by individuals against their ex-employer. We explain… Read on
What are the five fair reasons for dismissal?
Employees who have been employed for two years or more are protected against unfair dismissal and, if they are dismissed they may bring a claim in the employment tribunal. An employer may defend a claim for unfair dismissal by showing… Read on
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
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
Social media: 5 key employment law tips
Can your business protect itself against comments made on Twitter, Facebook, or YouTube? Can you keep an employee’s LinkedIn contacts? Here are the top 5 rules you may not know: 1. Using social media to select during recruitment may give… Read on
Re-engagement order disallowed
We report on a case where an order for re-engagement has been considered by the EAT. Background The Claimant in this case, Miss Lupton was employed by Lincolnshire County Council. She resigned when the council sought to change her working… Read on
Changing Staff Handbook Terms
Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on
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
Obesity can constitute a disability
Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on