Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978 – Law Journals

Constructive dismissal: Resignations and the ‘last straw’ doctrine

Mark Stevens reviews a recent EAT case in which a series of errors by an employer amounted to a fundamental breach of contract The tribunal should have considered whether, from Mr Craig’s perspective, the failure to pay was part of a pattern of mistreatment. To bring a successful claim for constructive dismissal, an employee must …

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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers To establish a defence under the Equality Act, employers have to show that they have taken all reasonable steps to prevent employees from committing acts of discrimination or harassment. Agency workers not entitled to apply for vacancies, just to be told about them Under …

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Legal news: Employment update

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘A collateral purpose may be relevant to whether an employee has acted honestly, but will not be determinative.’ Honest belief sufficient for victimisation claim A false allegation made in bad faith is not a protected act for the purposes of …

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Constructive dismissal: ‘Final straw’ act may revive dormant complaints

Suzanne Nulty outlines recent Court of Appeal guidance on affirmation of contract in cumulative breach (or ‘final straw’) constructive dismissal cases ‘It is well established that a series of acts which, in themselves, are insufficient to amount to breaches of contract, can, when taken together, amount to a breach of the implied term of trust …

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Legal news: Employment update

Jo Broadbent and Anvita Sharma round up recent case law and developments affecting employers and their advisers ‘The court had to consider whether the employees had accepted a variation to their rights by continuing to work without protest after the council imposed the pay freeze.’ Silence was not agreement to changed terms An employer sometimes …

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