Case Laws

Law Categories

Kaur v Leeds Teaching Hospitals NHS Trust (2018 EWCA Civ 978)

The Court of Appeal set down 5 questions to be used in all constructive dismissal cases to evaluate whether the employer is at fault.

HM Prison Service v Salmon (IRLR 425 EAT)

A tribunal can award you damages for both physical/psychiatric injury and injury to feelings if you can prove the injury to feeling.

Parkins v SODEXHO Ltd (2002 IRLR 109)

A legal obligation that arises under an individual’s contract of employment is no different from any other form of legal obligation and a protected disclosure might be possible.

Miklaszewicz v Stolt Offshore Ltd (2002 IRLR 344)

In a protected disclosure case, time runs from the occurrence of the alleged detriment and not from the alleged disclosure.

Boyle v Virgo Fidelis Senior School (EAT January 2004)

Vento guidelines should be followed in Whistleblowing cases.

Matuszowicz v Kingston upon Hull City Council (2009 EWCA Civ 22)

Any act extending over a period is treated as done at the end of that period. A deliberate omission is treated as done when the person concerned decided upon it.

Arthur v London Eastern Railway Ltd (T/A One Stansted Express) (CA 25 Oct 2006)

An asserted series of similar acts, the acts which are individually out of time should not be struck out at a preliminary hearing on submissions based on this fact alone.

Lewis v Motorworld Garages Ltd (CA 1985)

The last straw doctrine allows a claimant to rely on the accumulative acts of the employer, even though earlier breaches by the employer may have been affirmed, so long as the final act forms part of a series of events with the last event commonly referred to as being the last straw.

Abbey National plc v Robinson (EAT/743/99)

Employees do not have to resign at the first sign of breakdown of the mutual trust and confidence to claim constructive dismissal.

Whitbread plc t/a Thresher v Gullyes (EAT/478/92)

An employee who resigned from a managerial position because her employer gave her insufficient support was unfairly constructively dismissed.
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