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Employment

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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