Labour & European Law Review
27 September 2012
The annual employment tribunal and appeal tribunal statistics published last week by the government undermine its claim that businesses are afraid to recruit staff for fear of being sued, Thompsons says.
Employees who are dismissed have a duty to mitigate their loss by not unreasonably refusing an alternative offer of work.
To prove constructive dismissal, claimants have to show (among other things) that the employer committed a fundamental breach of contract.