Chapter 10 Constructive Dismissal

Question 2

Give a case example of constructive dismissal - behaviour - repudiation of contract

Answer 2

Western Excavating Ltd v Sharp 1978

Facts
S was dismissed because of absences but later just suspended without 5 days pay. This put him in financial strain so he quit so he could receive his holiday money immediately and then claimed constructive dismissal

Decision
ET and EAT decided it was constructive dismissal but Court of Appeal overturned stating it was not amounting to a repudiation of contract.

Question 3

Give a case example of constructive dismissal - behaviour - implied duty of trust and confidence

Answer 3

Morrow v Safeway plc 2002

Facts
Employee worked in bakery being harassed by manager. She did not use the grievance procedures.

Decision
Court held no constructive dismissal as the behaviour was not significant enough to break the implied trust and confidence.

Question 4

Give a case example of constructive dismissal - behaviour - repudiation of contract

Answer 4

Ogilvie v Neyrfor-Weir Ltd 2003

Facts
Business development manager for an oil company was told without much notice to travel during Easter missing a personal event. The manager used bad language when the employee tried to convince the travel was not needed. The manager even agreed the bad language in the office was unacceptable.

Decision
EAT overruled the ET finding it was repudiation and could claim constructive dismissal.