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14 February 2008
Issue: 7308 / Categories: Case law , Law digest , Disciplinary&grievance procedures , Employment
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EMPLOYMENT LAW

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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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