Case law review - constructive dismissal
19th June 2019
In Case Law review constructive dismissal.pdf Case Law review constructive dismissal.pdf (PDF,109.9 KB) , the Employment Appeals Tribunal (EAT) considered whether a delay in resignation by an employee on sick leave affected his claim for constructive dismissal. In this case, the employee was on sick leave for the six weeks before he resigned. The EAT held that the test for constructive dismissal is one of conduct, not time. Inferences cannot be drawn so easily from an employee's delay in resigning when they are on sick leave. This case law review provides an overview of the case, the decision made by the ECJ and practical considerations for colleges. This and other case law reviews are available to download from our case law review section of our website.