Constructive dismissal; trust and confidence; established the implied term of mutual trust and confidence. Breach does not require the employer to have intended any repudiation; the conduct is looked at as a whole and judged reasonably and sensibly. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Contract of employment; the House of Lords confirmed the implied term of mutual trust and confidence: an employer must not, without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust. Stigma damages are recoverable where the employer's corrupt conduct damages former employees' employment prospects and causes quantifiable, foreseeable loss. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Constructive dismissal; causation; the breach must play a part in the resignation, but need not be the sole cause.
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Constructive dismissal; the test for breach is objective; an employer cannot 'cure' a fundamental breach after it happens.
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Constructive dismissal; affirmation; refusing to accept a breach and demanding performance affirms the contract. [Summary not yet checked against the judgment.]
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Constructive dismissal; trust and confidence; the EAT rejected the submission that Tullett Prebon had changed the law so as to require a tribunal to make a specific finding on the employer's subjective intention. The Court of Appeal there was emphasising that only objective intention is relevant, ascertained by looking at all the circumstances. Woods and Malik remain intact: breach of the implied term requires no intention to repudiate. [Summary not yet checked against the judgment.]
Constructive dismissal; 'last straw'; a last straw act revives all previous breaches of contract. [Summary not yet checked against the judgment.]
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.