Employee’s breach of contract does not prevent constructive dismissal claim

 

In Atkinson v Community Gateway Association the EAT has confirmed that an employee is not prevented from claiming constructive dismissal by the fact that he or she is in breach of contract at the time of the employer’s breach. Although there had been inconsistent authorities on this point, the Court of Session’s decision in McNeill v Aberdeen City Council embodied the proper approach under English law.

http://www.bailii.org/uk/cases/UKEAT/2014/0457_12_2108.html

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High Court throws out bonus claim

The High Court has thrown out a claim by two former Investec traders for a combined total of more than £6m in bonuses from the company. Judge George Leggatt said: “I regard their claim that an oral agreement was made to use the ‘institutional market rate’ in calculating their bonuses as wholly incredible.” Andrew Brogden and Robert Reid have been ordered to pay Investec’s costs of more than £1.5m.

Financial Times, Page: 16  

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Harassment victim wins £30k

Recruitment manager Jennifer Newman has won nearly £30,000 in damages after being subjected to a campaign of sexual harassment and then being sacked from her position at Hydro Cleansing.

The Daily Telegraph, Page: 3   Evening Standard, Page: 3   Daily Express, Page: 9

 

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Illegal immigrant can claim race discrimination

In Hounga v Allen and anor the Supreme Court has held that a domestic worker could claim race discrimination, despite working illegally in the United Kingdom. The connection between the illegality and the statutory tort of discriminatory treatment was insufficiently close to bar her claim. Furthermore, in the view of the majority of the Court, public policy against human trafficking outweighed any public policy consideration in support of applying the defence of illegality in this case. An illegal immigrant is still barred from bringin a claim for unfair dismissal though.

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