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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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