constructive dismissal
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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
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Munchkins Restaurants Ltd & Anor v Karmazyn & Ors [2010] EWCA Civ 1163
Application to appeal against findings by the ET, which were upheld by the EAT, that several waitresses had suffered discrimination, harassment and were unfairly constructively dismissed. It was submitted that the ET did not consider whether the claims were in time and their approach, when considering the individual claims, was too 'broad brush'. The respondent also questioned the issues of joint and several liability and whether it was rational to make the same award to each of the claimants. Application refused.
- cases
26/10/2010 09:54
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Chris Dickens T/A Chris Dickens Solicitors v Virdee UKEAT/0195/10/ZT
Appeal against finding of unfair constructive dismissal. Not only did the EAT agree with the ET that the respondent breached the implied term of trust, and the claimant resigned for that reason, they also awarded costs against the respondent because he did not attend the appeal hearing, and the claimant would not have instructed counsel if she had known.
- cases
05/10/2010 16:17
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Fayusi v Compass Contract Services (UK) Ltd UKEAT/0194/10/MW
Appeal against the Tribunal’s ruling that the claimant had not been unfairly constructively dismissed. Appeal succeeded.
- cases
24/09/2010 13:21
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Christie v Johnston Carmichael UKEATS/0064/09/BI
Appeal against the decision of the ET that the claimant was not unfairly constructively dismissed. Cross appeal by respondent against an order that they pay a sum for unpaid remuneration, and no entitlement to claim back course fees from the claimant. Appeal dismissed, cross appeal relating to course fees allowed, matter relating to unpaid remuneration remitted to Tribunal.
- cases
20/08/2010 09:49
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New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870
Appeal by the respondent, in a claim alleging constructive unfair dismissal, against an order by the EAT judge overturning the Employment Judge’s decision not to allow an amendment of the claimant’s ET1. Appeal dismissed.
- cases
30/07/2010 10:39
