Malik v Bank of Credit and Commerce International SA [1997] UKHL 23 – 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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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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Case Report: Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512

Taking the strain; foreseeability in occupational stress claims ‘Occupational stress cases, whether founded on cumulative stress or on a one-off act of unfairness, remain extremely difficult to win.’ This case provides important confirmation of the difficulties in establishing liability for injury arising from occupational stress. Hitherto it was arguable that the high foreseeability hurdle erected …

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Duty Of Good Faith: Engendering ‘reasonable expectations’

Employers must be wary how they communicate their intentions to the workforce in light of a recent ruling, warn Annabel Gillham and Jemima Coleman ‘IBM could have wide ramifications in the employment context as it could give rise to a more general fetter on an employer’s ability to take action.’ Employers engaging in consultation with …

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Grievance Procedures: Don’t fall at the last hurdle

Mark Kaye considers a recent EAT decision on an employer’s failure to carry out a proper appeal hearing ‘The EAT considered that the right to an impartial appeal was an important feature of both the Acas code and Aldi’s own grievance policy, and a failure to allow a fair appeal could amount to a breach …

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Discrimination Awards: Why the cap doesn’t fit

Christopher Hitchins casts doubt on the government’s ability to limit damages for discrimination given the restraints of EU law ‘The government is considering implementing a system of caps on discrimination awards in the UK. Some of these changes have already been announced and a proposed implementation date has been set.’ Against the backdrop of the …

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Grievance Hearings: Beware of apparent bias

The presence of a person on an employer’s grievance hearing panel who was perceived to be biased could amount to a fundamental breach of contract and give rise to a constructive unfair dismissal, explains David Ludlow ‘The principles of natural justice require that the hearing afforded to the employee is, in all the circumstances, a …

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Team Moves: Appeal court takes aim at poachers

The risks of seeking to recruit a whole team of staff from a rival employer before their employment ends have been highlighted by a recent ruling, explains Christine Young ‘Poachers (and, in fact, any new employer) will need to think about how they treat a new hire even before employment commences, given that they may …

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