header-logo header-logo

Constructive dismissal at the highest echelons of government

14457
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
back-to-top-scroll