Constructive dismissal

Longer notice than contractually required affirmed contract

An employee who resigned but gave longer than his three-month contractual notice had affirmed his contract and so couldn’t bring a constructive dismissal claim.
Cockram v Air Products plc
 

Failure to provide impartial grievance appeal process may breach implied term of trust and confidence

An employer’s failure to stick to a grievance procedure may be a breach of the implied term of trust and confidence – and thus form a basis for a constructive dismissal claim, even where there is no breach of an express contractual term.
Blackburn v Aldi Stores Ltd
 

Delay affirmed contract

A four-month delay in resigning, together with an email asking to be notified of internal vacancies, was enough to prevent an employee claiming that she had been constructively dismissed.
Hadji v St Luke's Plymouth
 

Sound business reason can justify reissuing contracts on less favourable terms

The removal, for sound business reasons and after consultation, of guaranteed minimum payments in employment contracts were not grounds for employees who resigned in protest to succeed in claims of constructive unfair dismissal.
SW Global Resource Limited v Docherty
 

Honest mistake as to sick pay was a breach of contract

A deliberate decision to underpay an employee was a fundamental breach of contract – it made no difference that the employer genuinely, but mistakenly, believed it was acting within the terms of the contract.
Roberts v The Governing Body of Whitecross School
 

Timely grievance procedure prevented constructive dismissal claim

An employer’s swift investigation following the lodging of a grievance, and the upholding of the grievance, prevented the issue escalating into a full-blown fundamental breach of contract with the result that the employee’s subsequent constructive dismissal claim failed.
Assamoi v Spirit Pub Company (Services) Ltd
 


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