The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach.
Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only at common law, and not before an industrial tribunal. The right to claim compensation at the tribunal related only to damages arising as part of the dismissal. The employer’s appeal succeeded to that extent.
Judges:
Tuckey LJ, Lawrence Collins LJ, Rimer LJ
Citations:
[2008] EWCA Civ 17, Times 05-Mar-2008, [2008] IRLR 317, [2008] ICR 529
Links:
Statutes:
Employment Rights Act 1996 123(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – GAB Robins (UK) Ltd v Triggs EAT 13-Jun-2007
EAT UNFAIR DISMISSAL
Constructive dismissal
Compensation
Last straw constructive unfair dismissal. Last straw; employer’s failure to deal properly with her grievance – Constructive dismissal . .
Cited – Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
Cited – Malloch v Aberdeen Corporation HL 1971
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited – Addis v Gramophone Company Limited HL 26-Jul-1909
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal.
Held: It did not matter whether the claim was under wrongful dismissal. . .
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Wallace v United Grain Growers Ltd 30-Oct-1997
SCC (Supreme Court of Canada) Bankruptcy – Property of bankrupt – Salary, wages or other remuneration – Undischarged bankrupt bringing action for wrongful dismissal – Whether damages for wrongful dismissal . .
Cited – Gogay v Hertfordshire County Council CA 26-Jul-2000
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
Cited by:
Cited – Claridge v Daler Rowney Ltd EAT 4-Jul-2008
EAT UNFAIR DISMISSAL: Constructive dismissal
The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance . .
Cited – Brown v Almac Pharma Services Ltd NIIT 1-Sep-2008
. .
Cited – F and C Asset Management Plc and others v Switalski EAT 9-Dec-2008
EAT PRACTICE AND PROCEDURE: Review
UNFAIR DISMISSAL: Constructive dismissal
SEX DISCRIMINATION: Direct
Two appeals in respect of two matters heard together by the Employment Tribunal:
(i) . .
Cited – Parsons v Bristol Street Fourth Investments Ltd (T/A Bristol Street Motors) EAT 28-Feb-2008
EAT Unfair dismissal – Constructive dismissal
Constructive dismissal. Conduct likely to destroy trust and confidence. Appeal allowed; finding of unfair constructive dismissal substituted for ET judgment . .
Cited – Diamond v Montgomery Distribution Ltd NIIT 29-Apr-2008
. .
Cited – Edinburgh Council v Wood EAT 2-May-2008
EAT UNFAIR DISMISSAL: Constructive dismissal – Tribunal found two ‘stand alone’ material breaches, one in respect of penalty imposed for misconduct and one in respect of respondents’ response to claimant’s . .
Cited – Adey-Jones v O’Dowd EAT 22-May-2008
EAT UNFAIR DISMISSAL: Compensation Contributory fault
Where an employee suffered illness partly as a result of the employer’s conduct and partly for other reasons an Employment Tribunal must make careful . .
Cited – Bournemouth University Higher Education Corp v Buckland EAT 8-May-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
Whether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 22 November 2022; Ref: scu.264018