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Constructive dismissal at the highest echelons of government

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With the civil service chief’s future in doubt and the government’s behaviour in the headlines, Amanda Robinson & David Wolchover reflect on recent allegations against the Home Secretary, and consider why resignation may sometimes be the only choice
In February 2020, Sir Philip Rutnam, the Home Office’s most senior civil servant resigned, sensationally announcing he would be pursuing a constructive dismissal claim against the Home Office. His resignation followed a flurry of bullying allegations made against Home Secretary Priti Patel. Sir Philip’s claim was lodged on 20 April 2020, which included a claim for ‘whistleblowing’.

Constructive dismissal defined

Constructive dismissal may be defined as misconduct by an employer against an employee in fundamental breach of the terms of employment which leaves the employee with little or no option but to resign from post. Claims for constructive dismissal are issued under s 95(1)(c), Employment Rights Act 1996. Employees who have faced bullying in the workplace would be entitled to resign and claim constructive dismissal where it has

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