Recent case law provides a good illustration of established rules in the longstanding law on unfair dismissal, says Ian Smith
- Multiple reasons in constructive dismissal cases.
- Using lapsed warnings.
- The right approach to whistleblowing allegations.
- Practicability in re-engagement claims.
What the four cases considered this month have in common is that, while breaking no new ground, they are good illustrations of established rules in our longstanding law on unfair dismissal. They cover multiple reasons in constructive dismissal cases, using lapsed warnings, the right approach to whistleblowing allegations and practicability in re-engagement claims.
Constructive dismissal—multiple reasons for leaving
It is well established that where there are two or more reasons for the employee leaving, he or she will still be able to claim constructive dismissal if at least one of them constituted a repudiatory breach by the employer, and that the tribunal must not take an overly “purist” approach by looking for the principal reason for leaving. The decision of Judge Shanks in Ishaq v Royal Mail Group UKEAT/0156/16 however shows that it is still the case that, as causation is a requirement,
