Tag
#affirmation
19 cases tagged Affirmation.
Hotel night worker's constructive dismissal claim struck out after delay in resigning
A tribunal struck out a constructive unfair dismissal claim from a night team member who waited 2.5 months after the last alleged breach before resigning, finding he had affirmed the contract.
Constructive dismissal claim fails after employee stayed on for months
A solutions engineer who resigned after a performance improvement plan and grievance process lost his constructive dismissal claim because he stayed in the job too long after the alleged breaches.
Menopause symptoms as a disability: reasonable adjustments and section 15 claims succeed
A telesales consultant with menopausal symptoms won £64,645 after her employer failed to make reasonable adjustments and treated her unfavourably due to her disability.
Bus driver's constructive dismissal claim fails over home visit and data breach
A bus driver with over eight years' service lost his constructive unfair dismissal claim after resigning over a manager's home visit and a historic data breach. The tribunal found the employer's actions were not a repudiatory breach of trust.
Constructive dismissal claim fails: resignation after conditional job offer was not a breach of trust
A Transport Team Manager with 15 years' service resigned after a series of disputes over performance grading and rota changes. The tribunal dismissed his constructive unfair dismissal claim, finding he had affirmed the contract by continuing to work after deciding to leave.
Constructive dismissal claim fails over minor pay errors
A deputy manager who resigned after a series of small underpayments has lost her constructive dismissal claim, but won £140 for unpaid wages.
Constructive dismissal upheld after shop owner grabbed employee's face and called her 'village idiot'
A shop assistant with 14 years' service was constructively unfairly dismissed after her employer grabbed her face and called her a 'stupid village idiot woman'. The tribunal awarded no compensation as the claimant did not pursue a remedy hearing.
NHS consultant's constructive dismissal claim struck out after failing to pay deposit
A psychiatrist's claim for constructive unfair dismissal against an NHS trust was struck out after she failed to pay a £400 deposit ordered by the tribunal. The claim had previously survived a strike-out application.
Sarcastic 'thanks for popping in' comment not enough for constructive dismissal
A shift manager who resigned after her line manager's sarcastic comment and a refused flexible working request lost her constructive dismissal claim. The tribunal found she had affirmed the contract by continuing to work.
WhatsApp complaint post: security guard's constructive dismissal claim fails after affirming contract
A security guard who claimed constructive dismissal after his manager posted a complaint about him in a staff WhatsApp group lost his case because he delayed resigning and continued to engage with his employer.
Estate caretaker's constructive dismissal claim fails after three-year delay
An estate caretaker who resigned claiming constructive unfair dismissal lost his case because he continued working for three years after the only proven breach of contract, amounting to affirmation.
Warehouse manager's constructive dismissal claim over promotion and verbal abuse fails
An 18-year Asda manager resigned after being passed over for promotion and alleging verbal abuse, but the tribunal found he had affirmed the contract and the employer's conduct was not a repudiatory breach.
Furloughed to block server access: when a breach of trust isn't enough for constructive dismissal
A design technician lost his constructive unfair dismissal claim after the tribunal found that being placed on furlough to prevent server access was a breach of trust, but not serious enough to justify resignation.
Constructive dismissal claim fails after employee continued working despite bullying
A product consultant who resigned after alleged bullying by his manager lost his constructive unfair dismissal claim. The tribunal found he had affirmed his contract by continuing to work and there was no 'last straw' event.
IT professional's constructive dismissal claim fails after affirming contract
An IT professional who resigned claiming breach of trust and confidence lost his constructive unfair dismissal case. The tribunal found he had affirmed the contract by continuing to work for months after the alleged 'last straw'.
Grievance delay after suspension: resignation not a constructive dismissal
A manager with 18 years' service resigned after a grievance outcome was delayed until the New Year. The tribunal found no repudiatory breach and dismissed her unfair dismissal claim.
Pay rise delay and extra duties: why constructive dismissal claim failed
A membership secretary who resigned over pay and extra duties lost her constructive unfair dismissal claim after the tribunal found she had agreed to the changes and affirmed the contract.
Constructive dismissal claim fails after six-month delay in resigning
A finance administrator who resigned after six months of sick leave lost her constructive dismissal claim because the tribunal found she had affirmed her contract by waiting too long.
Constructive dismissal claim fails after employee stayed five months after last straw
A case management clerk who resigned five months after the alleged final straw was found to have affirmed her contract, losing her constructive dismissal claim against Birmingham City Council.
