‘An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.’
Local Government Lawyer, 12th September 2024
Source: www.localgovernmentlawyer.co.uk
‘Describing a pregnant woman as “very emotional and tearful” in the workplace amounted to discrimination, a tribunal has ruled.’
The Guardian, 3rd April 2024
Source: www.theguardian.com
‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’
Gatehouse Chambers, 25th July 2023
Source: gatehouselaw.co.uk
‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’
Law Society’s Gazette, 10th November 2022
Source: www.lawgazette.co.uk
‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’
Kingsley Napley Insights Blog, 4th October 2022
Source: www.kingsleynapley.co.uk
‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’
3PB, August 2021
Source: www.3pb.co.uk
‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’
Law Society's Gazette, 21st April 2021
Source: www.lawgazette.co.uk
‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
‘Judge decides that there is protection for non-binary people under the Equality Act.’
The Guardian, 17th September 2020
Source: www.theguardian.com
‘In a restructuring exercise the Respondent employer had sought to “map” the Claimant into a new role and did not treat her as redundant. The Claimant did not agree that her original role mapped to the new role and did not believe the new role was suitable for her. She considered it a role with lower status, fewer senior responsibilities, and a change of job content; she did not believe that it was 70% similar to her existing job. She resigned in protest, claiming constructive unfair dismissal, wrongful dismissal and a redundancy payment. The ET found that the new role was significantly different to the old role, and that the Respondent had breached the implied term of trust and confidence when it failed to consult, failed properly to assess the roles, and failed properly to address the Claimant’s grievance and appeal. The employer appealed. The EAT found that the ET was entitled to find that the Claimant was constructively dismissed. However, in finding that the dismissal was unfair, the ET had failed to direct itself that this was a separate issue, failed to address the issue of reason for dismissal and fairness, and/or failed to give proper reasons for its conclusion that the dismissal was unfair. There was, in fact, no disagreement between the parties that, if there was a dismissal, the reason was redundancy. The case would be remitted to the ET (to the same Employment Judge) to determine whether the dismissal on grounds of redundancy was unfair. The claims of wrongful dismissal and for a redundancy payment remained to be heard in the ET.’
3PB, 3rd August 2020
Source: www.3pb.co.uk
‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’
Parklane Plowden Chambers, 12th May 2020
Source: www.parklaneplowden.co.uk
‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’
Daily Telegraph, 23rd April 2020
Source: www.telegraph.co.uk
‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’
Local Government Lawyer, 30th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A former partner suing south-east law firm McMillan Williams over alleged sexual misconduct and harassment has been denied access to any non-disclosure agreements (NDAs) it may have reached.’
Legal Futures, 20th September 2019
Source: www.legalfutures.co.uk
‘A solicitor who resigned without notice was in breach of contract, an employment tribunal has ruled after finding that it was not a case of constructive dismissal.’
Legal Futures, 4th September 2019
Source: www.legalfutures.co.uk
‘A law firm accounts clerk who faced false allegations of sexually harassing a fellow employee has accepted damages of £20,000 after winning his claim of unfair constructive dismissal.’
Legal Futures, 16th November 2018
Source: www.legalfutures.co.uk
‘A council head of legal services has lost an employment tribunal case against the authority for which she previously worked.’
Local Government Lawyer, 20th September 2018
Source: www.localgovernmentlawyer.co.uk
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