The Constructive Unfair Dismissal System Free Essay Example, 3000 words

The implication of the Western Excavating case is that the courts are leaning towards the contractual test and had, in effect, narrowed down the application of constructive dismissal to circumstances that are relevant to the employment contract. The decision was, however, qualified by Lawton LJ when he stated: I do not find it either necessary or advisable to express any opinion as to what principles of law operate to bring a contract of employment to an end by reason of an employer s conduct. Sensible persons have no difficulty in recognizing such conduct when they hear about it Lay members of the tribunal so not spend all their time in court and when out of court they may use, and certainly will hear, short words and terse phrases which describe clearly the kind of employer of whom an employee is entitled without notice to rid himself. This is what [constructive dismissal] is all about, and what is required for the application of this provision is a large measure of common sense . In addition, subsequent cases had proven that the application of the reasonableness test had not, after all, been totally obliterated by the Western Excavating case. We will write a custom essay sample on The Constructive Unfair Dismissal System or any topic specifically for you Only $17.96 $11.86/page