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

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll