Constructive Dismissal

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.

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.

O’Neill v Buckinghamshire County Council (2010 UKEAT/0020/09)

Without evidence that their work involves a risk to their health and safety, pregnant workers are not automatically entitled to a work assessment.

Jones v Tower Boot Co Ltd (1997 IRLR 168, CA)

Courts are interpreting “in the course of employment” quite widely which opens the employer to vicarious liability in discrimination cases.

Hilton International Hotels (UK) v Protopapa (1990 IRLR 316)

An employer can be liable for the conduct of any ‘supervisory employee’, whether or not that person had the power to dismiss other employees.

Beadles Group Ltd v Angelica Graham

No written policy on sex discrimination or harassment combined with a failure to take reasonable steps to prevent it may leave the employer liable for a discrimination claim.

W A Goold (Pearmak) Ltd v McConnell (EAT 28 Apr 1995)

It is an implied term in the contract of employment that the employers will reasonably and promptly give employees an opportunity to present their grievance, and act on it, in a reasonable way.

Bracebridge Engineering Limited v Darby (EAT 1990)

The Court confirmed grievances need to be taken seriously. Not considering grievances, or following a proper process, might be a valid reason for claiming constructive dismissal.
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