A Practical Guide to Constructive Dismissal

Employment / Labour Law

A Practical Guide to Constructive Dismissal

By Benjmin Burgher
Law Brief Publishing October 2020

Specifications

ISBN-13
9781913715380
Publisher
Law Brief Publishing
Publication
October 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The aim of this book is to address some of the common mistakes made and misconceptions held by legal professionals when advancing or responding to constructive dismissal complaints. Both the overlaps and important differences between constructive dismissal and constructive unfair dismissal are addressed by reference to relevant precedent illustrating the important principles.

It is hoped that legal professionals will benefit from the eclectic selection of relevant cases and key quotes alongside the important principles summarised in this book in order to be fully prepared to advance or defend constructive dismissal claims in courts and tribunals.

Table of Contents

Chapter 1 – Definition
Chapter 2 – The Relevant Contract
Chapter 3 – Express Terms
Chapter 4 – Breach of Implied Term of Trust and Confidence
Chapter 5 – Disciplinary, Suspension and Grievance Procedures
Chapter 6 – Miscellaneous Breaches
Chapter 7 – Anticipatory Breach
Chapter 8 – The Final/Last Straw
Chapter 9 – Exceptions
Chapter 10 – Affirmation, Waiver, Election and Delay
Chapter 11 – Resignation and Knowledge of Breach
Chapter 12 – Constructive Unfair Dismissal
Chapter 13 – TUPE
Chapter 14 – Wrongful Dismissal and Post Termination Restrictions
Appendix A – Section 1 Employment Rights Act 1996
Appendix B – TUPE Regs (Extract)
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