Constructive Dismissals Flashcards Preview

Employment Law > Constructive Dismissals > Flashcards

Flashcards in Constructive Dismissals Deck (14)
Loading flashcards...
1

statute for CD

s95(1)

2

Elements for CD + case

Western Excavating Ltd v Sharp:
- A repudiatory breach of contract on part of the employer
- The breach must be the reason the employee resigns
- The employee must accept the breach
- Were the employers fair?

3

examples of a repudiatory breach

unilaterally amends something in the contract e.g. pay, employees benefits or duties
Fails to address a grievance
Discrimination
THERE MUST ALSO BE A BREACH OF THE IMPLIED TERM OF MUTUAL TRUST AND CONFIDENCE

4

Case related to unilaterally amending pay

Industrial Rubber Products v Gillon

5

Case related to amending benefits

Jones v F Sirl & Son (Furnishers) Ltd - moved duties and removed petrol allowance

6

case related to not hearing grievances

WA Goold Ltd v McConnell - managing director said he would deal with grievance later, CD

7

case related to discrimination

Nottinghamshire CC v Meikle - C was going blind and they done nothing to help her despite asking

8

where does the breach of implied term of trust and confidence come from + quote

o Malik v BCCI - An employer will not, ‘without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee’

9

example of breach of implied term of trust and confidence

Blackburn v Aldi Stores Ltd - failure to follow grievance procedure can amount to breach of trust and confidence. He had been constructively dismissed.

10

what is the last straw doctrine

resignation is in response to a series of breaches of contract which cumulatively amount to a breach of the implied term of trust and confidence

11

Can a repudiatory breach be cured? + case

o NO - Bournemouth University HEC v Buckland

BUT it can be prevented from escalating to a breach of implied term of trust and confidence Assamoi v Spirit Pub Company Ltd. D's accepted C's grievance but D left thinking it couldn't be resolved. No unfair dismissal. These cases can be distinguished because Buckland was ongoing for weeks, whereas Assamoi was quickly resolved by the employers.

12

what is meant by an employees acceptance of a breach?

The employee must communicate the acceptance of the breach e.g. by resignation
If they affirm the breach (carry of working) they lose the right to claim

13

Case related to affirmation + point

affirmation looks at conduct opposed to time
Chindove v William Morrisons Supermarket Plc - C resigned 6 weeks after an act of race discrimination. D argued this delay mean he accepted the repudiatory breach, therefore affirming his contract of employment. EAT disagreed, because C was off sick in the 6-week period his claim for constructive dismissal could succeed

14

Explain s98(4) in this context...

was the employers conduct fair? very rarely the answer is yes. In Savoia v Chiltern Herb Farms