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02 October 2014 / Ian Smith
Issue: 7624 / Categories: Features , Employment
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Employment law brief: 2 October 2014

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Ian Smith salutes the end of some long running legal uncertainties & taps into the latest trade union action.

The first two cases considered this month are potentially of some significance in settling a couple of quite longstanding uncertainties in two important areas of employment law, namely constructive dismissal and damages for stress-related injury in discrimination cases. The other two are, most unusually these days, concerned with trade union law and how unlawful detriment imposed on an employee because of his union activities is to be proved.

Another one bites the dust

For some time now there has been a possible problem in the law relating to constructive dismissal caused by the common law case of RDF Media Group plc v Clements [2008] IRLR 207, [2007] All ER (D) 53 (Dec) where it was suggested that an employee already in breach of the term of trust and respect could not then complain of such a breach by the employer, thus scuppering a possible constructive dismissal claim (perhaps best, if rather simplistically, referred to as the “you started it” principle).

This

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