constructive dismissal
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Terminations - Case Round-Up: June 2016
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at an unusual case on “constructive dismissal”, the overlap between disability discrimination and conduct dismissals and the European Convention on Human Rights in unfair dismissal cases.
- resources
13/06/2016 12:16
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Vairea v Reed Business Information Ltd UKEAT/0177/15/BA
Appeal against the dismissal of the Claimant's claims that he had suffered detriment having made protected disclosures and had been unfairly constructively dismissed. Appeal allowed.
- cases
07/06/2016 14:10
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Catering Academy UK Limited v McLorren & Ors UKEAT/0347/15/BA
Appeal against a decision allowing the Claimants to amend their ET1. Appeal dismissed.
- cases
07/06/2016 12:16
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Carreras v United First Partners Research UKEAT/0266/15/RN
Appeal against the dismissal of the Claimant’s claims of disability discrimination by reason of a failure to make reasonable adjustments and of constructive unfair dismissal. Respondent's cross-appeal to the extent the ET had failed to address the question whether the Claimant had waived any breach of contract, relevant to the constructive dismissal claim. Appeal allowed, cross-appeal dismissed.
- cases
26/05/2016 11:58
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Gibbs v Leeds United Football Club [2016] EWHC 960 (QB)
The Claimant won his claim that he had been constructively dismissed after he resigned following what was in his opinion a demotion.
- cases
05/05/2016 11:56
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Private Medicine Intermediaries v Hodkinson & Ors UKEAT/0134/15/LA
Appeal against findings that the Respondent had constructively and unfairly dismissed the Claimant; that it had discriminated against her by subjecting her to unfavourable treatment because of something arising in consequence of disability; and that it had subjected her to disability-related harassment. Appeal allowed in part.
- cases
20/03/2016 19:32
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Lees v Imperial College of Science Technology and Medicine UKEAT/0288/15/RN
Appeal against a Tribunal’s dismissal of the Claimant’s claims for unfair dismissal and for direct age discrimination. Appeal allowed and case remitted to the same Tribunal for further consideration.
- cases
07/03/2016 22:25
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Wells v Countrywide Estate Agents t/a Hetheringtons UKEAT/0201/15/BA
Appeal against a Tribunal’s dismissal of the Claimant’s claims for unfair dismissal and wrongful dismissal. Appeal dismissed.
- cases
06/03/2016 22:06
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Wallace v Ladbrokes Betting and Gaming Limited UKEAT/0168/15/JOJ
Appeal against findings that the Claimant’s unequivocal notice of resignation was unaffected by subsequent discussions/correspondence between the parties and that her claims were accordingly out of time. Appeal dismissed.
- cases
14/02/2016 21:41
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Craig v Lindfield & Son Ltd UKEAT/0220/15/LA
Appeal against a finding that the Claimant had not been constructively unfairly dismissed in circumstances where the Respondent had a contractual right to lay-off staff for an indefinite period and had laid-off the Claimant without pay for a period of just over four weeks. Appeal dismissed
- cases
07/02/2016 22:38
