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

Final written warning could not be relied on

In this case, brought against the BBC, the Claimant successfully argued that his dismissal had been unfair because the final written warning relied on was “manifestly inappropriate”. This case gives rise to interesting questions about how and when written warnings… Read on

Brexism – be aware

Since the Brexit vote to leave the EU, a political divide has arisen between two very deeply held beliefs amongst the British public. Much of the divide has become extremely emotional. Matters are likely to be compounded because on one… 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

Tax treatment of settlement payments

In this case, the Tax Tribunal found that a payment made in a settlement agreement where discrimination was alleged in relation to a redundancy exercise was taxable, subject to the £30,000 exemption. This even though injury to feelings compensation for… Read on

Time limits and early conciliation

Where ACAS Early Conciliation begins before the time limit starts running on a claim, how should time be calculated? Background In this case, which was recently decided by the Employment Tribunal, the Claimant Miss Myers started early conciliation before she… Read on

New case on disparity of treatment in unfair dismissal

Two employees, both found guilty of gross misconduct (one for kneeing in the leg and sending text messages of a violent nature, the other hitting his colleague in the face). The former was dismissed, the latter was not. Was this… Read on