Wrongful Constructive Dismissal Case At The Southern England Site

1414 WordsMar 26, 20166 Pages
Wrongful constructive dismissal occurs where an employee is forced to terminate their contract because of their employer’s unlawful behaviour. There is no qualifying period of employment for employees to make a wrongful dismissal claim. Were Lisa to terminate her employment, she would have claim for wrongful constructive dismissal: 1. Assuming Lisa’s contractual place of work is the southern England site and in the absence of a variation clause in her statutory statement, Tunnels Ltd have committed breach of contract by unilaterally varying her terms of employment regarding place of work without prior consultation or mutual agreement. This is illustrated in Burdett Coutts v Herts County Council whereby an employer unilaterally amended the contracts of school dinner ladies in an attempt to reduce their pay with the court ruling this was a repudiatory breach of contract. 2. Tunnels Ltd have breached the duty of mutual trust and confidence by ignoring prior knowledge of Lisa’s difficult personal circumstances, which likely formed the basis of an implied or orally agreed express term allowing Lisa to be based solely at the southern England site. 3. Tunnels Ltd are in breach of contract by withdrawing Lisa’s right to a company car, directly contradicting clause 3 of her employment terms. Lisa could also pursue a claim for unfair dismissal which occurs when an employer dismisses an employee or forces them to resign in breach of a statutory provision. As an employee

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