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.
The Site cannot and does not contain legal advice. The legal information provided is for general informational and educational use only and is not an alternative to consulting a solicitor.
Copyright © 2021 Five Days Management Ltd. All Rights Reserved.
error: Alert: Please share a link to this page instead of the content!