header-logo header-logo

The human touch

nlj_7707_walker

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

  • The contractual nature of constructive dismissal.

Constructive dismissal is all about contract law. It serves as a tonic to us employment lawyers. We are so used to our questions of fairness, reasonable investigation and legitimate aims that now and then it is good for us to adjust our minds to the pure law of contract. For example, it is all too easy to assume that a constructive dismissal is an unfair dismissal and confuse the two concepts. Perhaps the best reminder of the difference is the case of Farrant v Woodroffe School (1997) EAT/1117/96, [1998] IRLR 176.

A technician at a school was asked to teach another subject where there was under-staffing. He refused. The headteacher, mistakenly believing that he had a contractual right to impose the change, consulted with the technician and then implemented the decision. Mr Farrant resigned. There was a constructive dismissal in that there was no contractual right to make such a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll