header-logo header-logo

EMPLOYMENT LAW

14 February 2008
Issue: 7308 / Categories: Case law , Law digest , Disciplinary&grievance procedures , Employment
printer mail-detail

Triggs v GAB Robins (UK) Ltd [2008] EWCA Civ 17, [2008] All ER (D) 266 (Jan)

The claimant had been constructively dismissed through the employer’s antecedent breaches of the implied term of trust and confidence that had caused her illness and, in turn, reduced her earning capacity.

 

However, it was fallacious to regard those antecedent breaches as constituting the dismissal, since the dismissal was effected by her resignation.

The employee, on a claim for unfair dismissal, is entitled to compensation for whatever loss flowed from that dismissal, but that does not include loss, including future loss, flowing from wrongs already inflicted upon her by the employer’s prior conduct—since those losses, including any future lost income, had not been caused by the dismissal.

 

 

MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
back-to-top-scroll