Whistleblowing is the common term for what, in technical legal terms, employment lawyers would define as a worker being subjected to a “detriment” because they have made a “protected disclosure.” Under section 43A of the Employment Rights Act 1996, such claims broadly comprise four elements:
Engaging in grievance procedures does not reverse constructive dismissal
The case of Gordon v J & D Pierce (Contracts) Ltd UKEATS/0010/20/SS concerns the question of whether a constructively dismissed “employee”…
Unfair Dismissal: No procedure can be reasonable
In Gallacher v Abellio Scotrail Ltd UKEATS/0027/19 the Employment Appeal Tribunal held that where, following a complete breakdown in an…
Can an employer cure a constructive dismissal?
It is well-established that an implied term in any contract of employment is that the employer will not, “without reasonable or proper…
What is constructive dismissal?
It is a sad fact of life that employees often feel as though they have been treated so badly by their employer that they have no choice…
The value of an unfair dismissal claim: Evans v London Borough of Brent
In Dr Richard Evans v The London Borough of Brent: UKEAT/0290/19/RN, the Employment Appeal Tribunal held that the Employment Tribunal…