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

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 is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll