header-logo header-logo

The human touch

nlj_7707_walker

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

  • The contractual nature of constructive dismissal.

Constructive dismissal is all about contract law. It serves as a tonic to us employment lawyers. We are so used to our questions of fairness, reasonable investigation and legitimate aims that now and then it is good for us to adjust our minds to the pure law of contract. For example, it is all too easy to assume that a constructive dismissal is an unfair dismissal and confuse the two concepts. Perhaps the best reminder of the difference is the case of Farrant v Woodroffe School (1997) EAT/1117/96, [1998] IRLR 176.

A technician at a school was asked to teach another subject where there was under-staffing. He refused. The headteacher, mistakenly believing that he had a contractual right to impose the change, consulted with the technician and then implemented the decision. Mr Farrant resigned. There was a constructive dismissal in that there was no contractual right to make such a

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll