header-logo header-logo

The human touch

nlj_7707_walker

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

  • The contractual nature of constructive dismissal.

Constructive dismissal is all about contract law. It serves as a tonic to us employment lawyers. We are so used to our questions of fairness, reasonable investigation and legitimate aims that now and then it is good for us to adjust our minds to the pure law of contract. For example, it is all too easy to assume that a constructive dismissal is an unfair dismissal and confuse the two concepts. Perhaps the best reminder of the difference is the case of Farrant v Woodroffe School (1997) EAT/1117/96, [1998] IRLR 176.

A technician at a school was asked to teach another subject where there was under-staffing. He refused. The headteacher, mistakenly believing that he had a contractual right to impose the change, consulted with the technician and then implemented the decision. Mr Farrant resigned. There was a constructive dismissal in that there was no contractual right to make such a change. It was not unfair though; there was a genuine

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll