header-logo header-logo

08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll