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The Case of Wright v North Ayrshire Council is a welcome reminder that although constructive dismissal cases are hard to prove; you will often hear this when enquiring about employment law advice; they are not insurmountable. As long as there has been a breach by your employer there is potentially a case to be taken … Read more
A caravan park manager who resigned from his job after two money-making schemes had been discovered by his employers, has lost his unfair dismissal claim. Clarence Fitzsimmons who had managed the caravan park in Rhyl for 7 years, resigned in February 2013 but claimed constructive unfair dismissal. Mr Fitzsimmons claimed that pressure from the park … Read more
In 2011 we acted on behalf of a client, an interesting claim against Whitbred Plc. Our client was advancing two distinct claims and was successful, at the Employment Tribunal, with one of them, namely his claim for unlawful deduction from wages. This case serves as an important reminder to hotel workers and certain staff who … Read more
Western Excavating v Sharp [1978] ICR 221[1] When attempting to take an employer to the tribunal for Constructive unfair dismissal one of the key cases that has to be considered is that of Western Excavating v Sharp. This case lays out the foundation elements to create constructive dismissal. The facts of the case are fairly … Read more
Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more
Employment Tribunal Forms: The Basics If you are making a claim at the Employment Tribunal for the first time it can all seem a bit overwhelming and at times daunting. The idea of Employment Tribunal Forms and deadlines could put anyone off. In reality there is only one form that you need to consider and … Read more
A black employee working for a fruit and vegetable wholesaler in Gloucester has been awarded ÂŁ27,000 in compensation after overhearing his colleague being referred to as a “Golliwog”. Roy Morgan was a delivery driver and became upset after a colleague, Brian Ennis, was referred to as “Black Brian” and “Golliwog Brian”. This was apparently to … Read more
Following the failed constructive dismissal case brought by Apprentice winner Stella English against Lord Sugar, he has decided to sue her for ÂŁ35,000 worth of legal costs relating to the case which was thrown out by an Employment Tribunal. Stella English, 34, brought a claim against Lord Sugar and one of his companies that she … Read more