Constructive Dismissal Asghar v Habib When an employee resigns in response to a fundamental breach of contract on the part of the employer, then the law treats this as a (constructive) dismissal. The resignation needs to take place promptly however or a tribunal may find that the employee has chosen to ‘affirm’ the contract and…
Appeal hearings Elmore v Darland High School In Elmore v Darland High School, Ms Elmore was a maths teacher. Maths had been identified by inspectors as being a problem area in the school and Ms Elmore’s class had performed poorly. Observations of her lessons had led to concerns about her performance and a formal procedure…
Conduct dismissals JP Morgan Securities plc v Ktorza In an unfair dismissal claim, it is for the employer to prove what the reason for dismissal was and that it fits into one of the potentially fair categories of reason such as ‘conduct’, ‘capability’ or ‘redundancy’. Generally, when employers dismiss for ‘conduct’ they are focusing on…