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08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
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Employment

Jones v Governing Body of Story Wood School and Children’s Centre UKEAT/0522/12/JOJ, [2013] All ER (D) 334 (Jul)

It was settled law that when an employee resigned, the test for determining whether their resignation should be treated as their dismissal was not whether their employers had behaved unreasonably towards them, but whether their employers had broken their contract of employment in some fundamental way. In many cases, the term of the contract of employment which the employers were alleged to have broken was the implied term of trust and confidence, namely the term that the employers would not act towards the employee in such a way as was likely, or was intended, to destroy or damage seriously the trust and confidence between them which was at the heart of the working relationship between employer and employee. The question whether the employers had behaved reasonably came into its own when the fairness of the employee’s constructive dismissal was being addressed. It was a little artificial to have to ask what the reason for an employee’s dismissal had been in a case

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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

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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