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08 February 2013 / Peter Taheri
Issue: 7547 / Categories: Features , Disciplinary&grievance procedures , Employment
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Dismissed or not dismissed?

Has a recent High Court ruling created a new concept of accidental dismissal? Peter Taheri reports

In Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch), the claimant, having been demoted, claimed breach of contract while remaining in the trust’s employment. He was awarded only £98, as the High Court held he was wrongfully dismissed. Can that be right, when the employer had not purported to dismiss and the employee never claimed constructive dismissal?

Establishing the Hogg principle

Practitioners are familiar with the concept of constructive dismissal: the employer commits a repudiatory breach of the employment contract, in response to which the employee resigns. Perhaps less everyday is Hogg v Dover College [1990] ICR 39, EAT, where the claimant’s unfair dismissal claim succeeded even though he was still in the respondent’s employ. Understanding Hogg is pre-requisite for a discussion of Smith.

In Hogg, the Employment Appeal Tribunal (EAT) found that the employee “was being told that his former contract was from that moment gone”. To the employer’s argument

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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