Employment Law

The court considered the definition of constructive dismissal: “in none of the cases in which the employee has been held to resign has the resignation occurred during the same interview/discussion in which the question of dismissal has been raised, and in no case in which the termination of the employee’s employment has occurred in a single interview has a resignation been found to have taken place…resignation…implies some form of negotiation and discussion; it predicates a result which is a genuine choice on the part of the employee.

Plainly, if the employee has had the opportunity to take independent advice and then offers to resign, that fact would be powerful evidence pointing towards resignation rather than dismissal” (Lord Justice Wall at para 37).