header-logo header-logo

13 January 2017 / Ian Smith
Issue: 7729 / Categories: Features , Employment
printer mail-detail

​Employment law brief

nlj_7729_smith

Recent case law provides a good illustration of established rules in the longstanding law on unfair dismissal, says Ian Smith

 
  • Multiple reasons in constructive dismissal cases.
  • Using lapsed warnings.
  • The right approach to whistleblowing allegations.
  • Practicability in re-engagement claims.

What the four cases considered this month have in common is that, while breaking no new ground, they are good illustrations of established rules in our longstanding law on unfair dismissal. They cover multiple reasons in constructive dismissal cases, using lapsed warnings, the right approach to whistleblowing allegations and practicability in re-engagement claims.

Constructive dismissal—multiple reasons for leaving

It is well established that where there are two or more reasons for the employee leaving, he or she will still be able to claim constructive dismissal if at least one of them constituted a repudiatory breach by the employer, and that the tribunal must not take an overly “purist” approach by looking for the principal reason for leaving. The decision of Judge Shanks in Ishaq v Royal Mail Group UKEAT/0156/16 however shows

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll