Constructive Dismissal And Affirmation Of Contract

In a case in the Appeal Tribunal last week, constructive dismissal was examined. If an employee is claiming constructive dismissal, they must either resign promptly and immediately after the alleged breach by the employer, or they must give their notice in promptly. In this case the emplopyee gave 7 months notice, not the 3 he was required to give. His reason was he needed the money.

The court ruled that in constructive dismissal, the employee cannot hang around until it is convenient to leave. The employee must go straight away, or give contractual notice straight away. Otherwise the claim will fail.

The case is Cockram v Air Products PLC (2014) PLC

Back to legal updates

Legal Updates

3 days ago

How much protection does a protected conversation actually give you?

A protected conversation is an ‘off the record’ discussion that can be had between employer and employee to bring about the termination of employment on agreed terms, this can be done at any time during the course of employment and...

2 weeks ago

Prevent sexual harassment at work training

There is now a heavy burden is on employers in that a single act of sexual harassment by anyone, not just another employee, will leave the employer with liability. The new duty on employers to protect staff from sexual harassment...

3 weeks ago

Autumn 2024 Statement

In what has been the most highly anticipated Budget Statement for some time, the Chancellor has today set out her first Autumn Budget and what this will mean, in theory, to the pockets of business owners and their employees. Our...

3 weeks ago

Legal Update: Sexual harassment costs a renowned good employer £45K

A large employer has settled out a claim this week for sexual harassment for £45,000 in order to avoid a full judgement at tribunal. The case in question appears to us to be a master class in how not to...

3 weeks ago

Whistleblowing protection extended beyond Employees and Workers

The orthodox view on who is protected when blowing the whistle is that the protection for making protected disclosures extends to employees, and to workers. Now the Appeal Tribunal has indicated that the protection for whistleblowing goes beyond this. In...

1 month ago

Employee wins Tribunal because her boss ignored her

An Employment Tribunal has found that an employee was unfairly dismissed after being ignored by her boss when she said hello to him. After a small disagreement, the boss began ignoring her, and when she arrived late for work after...

View All

Fixed month retainer -Why not have an in-house lawyer for your business for as little as £100 per month?

Get in touch

Constructive Dismissal And Affirmation Of Contract