Category Archives: Constructive Dismissal

Constructive dismissal lite? Substantial detriment in TUPE.

Posted on August 25, 2009 by Usefully Employed

A recent EAT decision makes it worth revisiting the meaning of regulation 4(9) in the Transfer of Undertaking (Protection of Employment) Regulations 2006: Reg 4(9): Subject to regulation 9, where a relevant transfer involves or would involve a substantial change … Continue reading →

Posted in Constructive Dismissal, EU Legislation, TUPE | 2 Comments

Garden Leave without contractual provision

Posted on June 25, 2008 by Usefully Employed

Can an employer enforce garden leave absent a specific power in the contract of employment? Lawyers are always cautious on advising on enforcement of garden leave, as if in excluding the employee from work the employer puts itself in breach … Continue reading →

Posted in Constructive Dismissal, Contracts of Employment, Garden Leave | 1 Comment

Blacklist

Posted on May 8, 2008 by Usefully Employed

The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s … Continue reading →

Posted in Constructive Dismissal, Disciplinary, Discrimination, Unfair Dismissal | Tagged | 5 Comments

Excavating a Sharp pain in the family jewels

Posted on April 21, 2008 by Usefully Employed

It’s happened to me metaphorically but never literally: being grabbed by the balls can give you a good constructive dismissal claim, as this funny case shows. The report is so short it also acts as a good swot-sheet for constructive … Continue reading →

Posted in Constructive Dismissal, Unfair Dismissal | Tagged | Leave a comment