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Muschett v Parkwood Healthcare: EAT 16 Mar 2009

EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal did not approach the question of constructive unfair dismissal in a last straw case by reference to the steps in Omilaju. To take an analytic approach and ask of each event whether the Claimant had proved a breach or fundamental breach of contract was an error. Appeal … Continue reading Muschett v Parkwood Healthcare: EAT 16 Mar 2009

Miller v The Ridings High School: EAT 24 Sep 2008

EAT CONSTRUCTIVE UNFAIR DISMISSAL DISABILITY DISCRIMINATION Direct disability discrimination/Disability related discrimination/ Reasonable adjustments The Claimant claimed constructive unfair dismissal and disability discrimination, taking the form of direct discrimination, disability related discrimination and the failure to make reasonable adjustments. The Respondent contended it did not dismiss her, for she took early retirement and she was treated … Continue reading Miller v The Ridings High School: EAT 24 Sep 2008

Kent County Council v Green: CA 23 Jan 2004

The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school. Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on … Continue reading Kent County Council v Green: CA 23 Jan 2004

Jones v Mid-Glamorgan County Council: CA 13 May 1997

On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his … Continue reading Jones v Mid-Glamorgan County Council: CA 13 May 1997

Cyprus Airways Ltd v Lambrou: EAT 1 May 2007

EAT Practice and Procedure – 2002 Act and Pre-action Requirements Unfair Dismissal – Constructive Dismissal On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four acts of the Respondent. No grievance pursuant to the 2004 Regulations had been presented. The Employment Tribunal allowed the case to proceed at a pre-hearing review … Continue reading Cyprus Airways Ltd v Lambrou: EAT 1 May 2007

Rossiter v Pendragon plc; Clarke v Air Foyle Ltd: CA 10 May 2002

The employers appealed against findings that employees could claim constructive dismissal on a transfer of an undertaking simply because of a change in the employment conditions after the transfer. Held: Neither the Regulations nor the Act created a new right beyond the preservation of existing rights. To found a case for constructive dismissal, the employee … Continue reading Rossiter v Pendragon plc; Clarke v Air Foyle Ltd: CA 10 May 2002

Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

EAT Unfair Dismissal: Constructive Dismissal – RACE DISCRIMINATION – Direct UNLAWFUL DEDUCTION FROM WAGES Constructive dismissal – section 95(1)(c) Employment Rights Act 1996 – whether breach of the implied term – Malik and Anor v BCCI SA [1997] ICR 606 HL Race discrimination – sections 13(1), 23 and 136(2) Equality Act 2010 – direct discrimination … Continue reading Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

Private Medicine Intermediaries Ltd v Hodkinson and Another: EAT 15 Jan 2016

EAT Disability Discrimination – Section 15 HARRASSMENT UNFAIR DISMISSAL – Constructive dismissal Equality Act 2010 (‘EqA’) sections 15 (unfavourable treatment because of something arising in consequence of disability) and 26 (harassment) Employment Rights Act 1996 sections 95(1)(c) (constructive dismissal) and 98 (unfair dismissal) On the Claimant’s claims of discrimination under sections 15 and 26 EqA … Continue reading Private Medicine Intermediaries Ltd v Hodkinson and Another: EAT 15 Jan 2016