Constructive dismissal: the British way
The concept of constructive dismissal in the United Kingdom has its roots in statutory law, but the statute itself is silent on the circumstances which bring about the notion of constructive dismissal which is determined by the common law. Lord Justice Sedley put it aptly when he said « The way Parl...
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| Argitaratua izan da: | URI:https://journals.openedition.org/rdctss, |
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| Egile Nagusiak: | , |
| Formatua: | Article ou chapitre numérique |
| Hizkuntza: | Anglais |
| Argitaratua: |
Revue de droit comparé du travail et de la sécurité sociale
2024
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| Gaiak: | |
| Sarrera elektronikoa: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Gaia: | The concept of constructive dismissal in the United Kingdom has its roots in statutory law, but the statute itself is silent on the circumstances which bring about the notion of constructive dismissal which is determined by the common law. Lord Justice Sedley put it aptly when he said « The way Parliament has done this is to grant statutory protection on the stem of the common law ». He then explains this by saying that « what circumstances can bring about a constructive dismissal is not determined by the Act which is silent on the subject, but by the common law ». Parliament considered that an employee should have an outlet to generate her/his own dismissal where the employer has acted in such a manner which would trigger severance of the employment relationship. This article attempts to analyse and evaluate the British concept of constructive dismissal. It conducts an analysis of the definition of this concept as provided by legislation. The qualifying grounds which would enable an employee to bring an action against the employer are then considered. Several case studies follow of grounds where an employee may successfully sue the employer. Myriads of cases have been heard by the British tribunals and courts on the notion of constructive dismissal. |
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