A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette

‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

A substantive review of the landmark decision in Taylor v Jaguar Land Rover Limited and the protection it provides for those who identify as non-binary and gender fluid under the Equality Act 2010 – Lamb Chambers

‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’

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Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Gender-fluid engineer wins landmark UK discrimination case – The Guardian

‘Judge decides that there is protection for non-binary people under the Equality Act.’

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The Guardian, 17th September 2020

Source: www.theguardian.com

Was an employee who resigned as a result of a restructuring exercise constructively unfairly dismissed? – 3PB

Posted August 11th, 2020 in constructive dismissal, news, redundancy, unfair dismissal by sally

‘In a restructuring exercise the Respondent employer had sought to “map” the Claimant into a new role and did not treat her as redundant. The Claimant did not agree that her original role mapped to the new role and did not believe the new role was suitable for her. She considered it a role with lower status, fewer senior responsibilities, and a change of job content; she did not believe that it was 70% similar to her existing job. She resigned in protest, claiming constructive unfair dismissal, wrongful dismissal and a redundancy payment. The ET found that the new role was significantly different to the old role, and that the Respondent had breached the implied term of trust and confidence when it failed to consult, failed properly to assess the roles, and failed properly to address the Claimant’s grievance and appeal. The employer appealed. The EAT found that the ET was entitled to find that the Claimant was constructively dismissed. However, in finding that the dismissal was unfair, the ET had failed to direct itself that this was a separate issue, failed to address the issue of reason for dismissal and fairness, and/or failed to give proper reasons for its conclusion that the dismissal was unfair. There was, in fact, no disagreement between the parties that, if there was a dismissal, the reason was redundancy. The case would be remitted to the ET (to the same Employment Judge) to determine whether the dismissal on grounds of redundancy was unfair. The claims of wrongful dismissal and for a redundancy payment remained to be heard in the ET.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Post-termination Restrictive Covenants & Constructive Dismissal – Square Global Limited v Leonard [2020] EWHC 1008 (QB) – 3PB

‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Leading forensic scientist wins sex discrimination case – Daily Telegraph

‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’

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Daily Telegraph, 23rd April 2020

Source: www.telegraph.co.uk

Head of legal nets fresh employment hearing after tribunal member found to be asleep – Local Government Lawyer

‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Top civil servant begins legal case against Priti Patel and Home Office – The Guardian

‘Sir Philip Rutnam, the senior civil servant who resigned on Saturday claiming he was bullied and forced from office, has begun legal action against the government over his treatment by Priti Patel, his union has told the Guardian.’

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The Guardian, 3rd February 2020

Source: www.theguardian.com

Ex-partner suing firm denied sight of its NDAs – Legal Futures

‘A former partner suing south-east law firm McMillan Williams over alleged sexual misconduct and harassment has been denied access to any non-disclosure agreements (NDAs) it may have reached.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Tribunal rejects solicitor’s “attempts at character assassination” – Legal Futures

Posted September 4th, 2019 in constructive dismissal, contracts, employment tribunals, news, solicitors by sally

‘A solicitor who resigned without notice was in breach of contract, an employment tribunal has ruled after finding that it was not a case of constructive dismissal.’

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Legal Futures, 4th September 2019

Source: www.legalfutures.co.uk

Law firm pays £20,000 compensation for unfair dismissal – Legal Futures

Posted November 16th, 2018 in compensation, constructive dismissal, law firms, news, unfair dismissal by tracey

‘A law firm accounts clerk who faced false allegations of sexually harassing a fellow employee has accepted damages of £20,000 after winning his claim of unfair constructive dismissal.’

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Legal Futures, 16th November 2018

Source: www.legalfutures.co.uk

Head of Legal loses employment tribunal claim against local authority – Local Government Lawyer

‘A council head of legal services has lost an employment tribunal case against the authority for which she previously worked.’

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Local Government Lawyer, 20th September 2018

Source: www.localgovernmentlawyer.co.uk

Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures

‘A paralegal who was subjected to a “long accumulation of abuse” by the senior partner of a London law firm was the victim of harassment on the grounds of age and sex, an employment tribunal has found.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Court of Appeal allows ‘whistleblowing’ managing partner to sue former firm for £3.4m – Legal Futures

Posted January 29th, 2018 in appeals, constructive dismissal, law firms, news, solicitors, whistleblowers by sally

‘The ex-managing partner of a well-known law firm has won the right to sue his former firm for £3.4m under whistleblowing law.’

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Legal Futures, 29th January 2018

Source: www.legalfutures.co.uk

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk