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28 June 2007
Issue: 7279 / Categories: Case law , Law digest
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Employment Law

Sandhu v Jan de Rijk Transport Ltd [2007] EWCA Civ 430, [2007] All ER (D) 167 (May)

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).

Issue: 7279 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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