Horkulak v Cantor Fitzgerald International: QBD 31 Jul 2003

The claimant sought damages for constructive dismissal. He said that verbal abuse he had suffered from the manager damaged his health and destroyed the relationship of trust and confidence.
Held: The manager was dictatorial and saw it as his role to be so. He brought to the executive and managerial level the habits of the trading floor, issuing staccato instructions, raising his voice, employing strong, foul language and swear words and expressions containing expletives. The claimant had drug and alcohol dependencies. Such criticisms as the employer had in connection with the claimant’s conduct were not properly raised and handled. The frequency of use of foul and abusive language did not sanitise its effect. The claimant was wrongfully dismissed.

The Honourable Mr Justice Newman
[2003] EWHC 1918 (QB), [2004] ICR 697, [2003] IRLR 756
England and Wales
CitedCantor Fitzgerald International v Bird and others 2002
An employer may engage in conduct which is ‘out of order’ without repudiating the contract, but repeated behaviour of that kind may be a different matter. The use of abusive language by an employer can undermine the relationship of trust and . .
CitedPalmanor Ltd v Cedron 1978
The use of foul language by an employer can undermine a contract of employment and be a foundation for a claim for constructive dismissal. . .
CitedWestern Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
CitedWoods v W M Car Services (Peterborough) Ltd EAT 1981
An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and . .
CitedImperial Group Pension Trust Ltd v Imperial Tobacco Ltd 1991
A company pension scheme had been operating for many years, with increases being provided for under one rule. A new rule was introduced to provide regular increases. The company was taken over, and the trustees sought clarification of the company’s . .
CitedLewis v Motorworld Garages Ltd CA 1985
The court considered the circumstances under which an employee might resign and successfully claim constructive dismissal.
Glidewell LJ said: ‘This breach of this implied obligation of trust and confidence may consist of a series of action on . .
CitedMalik 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 . .
CitedJohnson 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 by:
Appeal fromCantor Fitzgerald International v Horkulak CA 14-Oct-2004
The employee claimed under a bonus clause which ‘contained in a contract of employment in a high earning and competitive activity in which the payment of discretionary bonuses is part of the remuneration structure of employers.’
Held: The . .

Lists of cited by and citing cases may be incomplete.


Updated: 12 January 2022; Ref: scu.185059