constructive dismissal
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Bailey v Alexander House Agencies Ltd UKEAT/0181/10/DM
Appeal against a ruling by the ET that the claimant was not constructively dismissed and that the dismissal was not unfair. Appeal allowed and matter remitted to a fresh Tribunal to deal with remedy.
- cases
04/03/2011 11:45
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Cox v Northern Devon Heathcare NHS Trust UKEAT/0341/10/DM
Appeal against a remedy judgment which, whilst concluding the claimant was constructively unfairly dismissed, the respondent could have fairly dismissed him as at the date of resignation. Cross-appeal attacking the finding that there was a constructive dismissal. Appeal and cross-appeal allowed in part and issue of remedy remitted to the Tibunal for consideration.
- cases
04/03/2011 10:08
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Marks and Spencer Plc v Powell UKEAT/0258/10/LA
Appeal against a ruling that the respondent had failed to make a reasonable adjustment and the claimant had been unfairly constructively dismissed. Appeal allowed and claims dismissed.
- cases
02/03/2011 15:22
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Watson v University of Strathclyde UKEATS/0021/10/BI
Appeal against ruling by the ET that the claimant was not unfairly constructively dismissed. Appeal allowed, ruling overturned and sent back to the ET for a remedy hearing.
- cases
24/02/2011 18:10
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Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2011] EWCA Civ 131
Appeal by original respondent against the rejection of the claimant brokers’ constructive dismissal claims and the dismissal of a Part 20 claim, in which allegations of inducement of breaches of contract were claimed. Appeal dismissed.
- cases
23/02/2011 17:00
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Wason & Wason v Holborn Community Association UKEAT/0263/10/DA
Appeal against a Tribunal’s ruling that the claimants' claims of unfair constructive dismissal could not be heard because they were out of time, and one of the claimants had not suffered race discrimination in relation to another job, but had instead been made redundant. Appeals dismissed and permission to appeal refused.
- cases
10/02/2011 14:35
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Meares v Medway Primary Care Trust UKEAT/0065/10/JOJ
Appeal against a ruling that the claimant, although found to have been unfairly constructively dismissed, this was not by reason of having made a protected disclosure, nor did she suffer detriment as a result. Appeal dismissed.
- cases
13/01/2011 18:42
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Lisboa v Realpubs Ltd & Ors UKEAT/0224/10/RN
Appeal against a ruling that the claimant had not been constructively dismissed by reason of his sexual orientation. Appeal allowed and case remitted to a fresh ET to consider remedy.
- cases
11/01/2011 16:18
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Constructive Dismissal – Shields and Swords
Sean Jones, of 11KBW, looks at causation in breach of contract claims in the light of the recent High Court decision in Tullett Prebon
- resources
02/12/2010 09:09
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Crossland v Corps of Commissionaires Management Limited [2010] EWCA Civ 1167
Application for permission to appeal a decision by the EAT, which upheld a ruling by the ET, that the claimant had not been unfairly constructively dismissed. The claimant claimed that meetings prior to the termination of his employment were in fact part of a disciplinary process and not merely investigatory. He claimed that the ET and EAT had fallen into error by deciding that the claimant had not been subject to disciplinary procedures, and thus had not been constructively dismissed but had resigned. The Court of Appeal ruled that both the ET and EAT had made a full and reasoned assessment of the case, and the appeal had no prospect of success. Application refused.
- cases
26/10/2010 11:23
