Feel Free Read Constructive Dismissal (Employment Law Library Book 7) RTF
Constructive dismissal is a term which is often misused and misunderstood. It is a specific legal claim which the employee can bring if the employer's conduct has seriously breached the employee's contract of employment. This serious breach of contract entitles the employee to resign and say they were dismissed. This book considers when an employer’s conduct amounts to a constructive dismissal, including detailed consideration of the implied term of trust and confidence, and why the actions of the employee matter. You’ll learn about: • Repudiatory breaches – does the breach go to the root of contract? • The ‘last straw’ that may push an employee to resign• What happens when the implied term of mutual trust and confidence is broken, by either party • Accepting the breach• Affirming the contract – has the employee waived the breach? • Compensation – what could it cost you? Plus you’ll find easy-to-read summaries of all the key legal cases on constructive dismissal.Constructive Dismissal claims are notoriously difficult for employees to win, but defending them can be time consuming and costly. It isn’t enough to know where to find the legal definition and understand it. Employers need to know how to spot the kind of incident and behaviour that leads to these claims being brought.The legal concept is complex and multi-faceted. What sort of a breach will be serious enough? What must the employee do in response to preserve a tribunal claim? And, perhaps most importantly, how can employers avoid these claims? This is the seventh book in the Employment Law Library. They are designed to give HR Professionals and SME business owners a solid grounding in a subject which you won’t learn about through normal avenues. The content is at a similar level to undergraduate LLB degree courses, so anyone who is familiar with this book will know as much any junior lawyer.CONTENTS:PART 1 – OVERVIEWChapter 1 – IntroductionChapter 2 – Repudiatory breachChapter 3 – The ‘last straw’PART 2 – IMPLIED TERMChapter 4 - Implied term of mutual trust and confidenceChapter 5 – What else can amount to a repudiatory breach?PART 3 – RESPONDING TO THE BREACHChapter 6 - 'Accepting' the breachChapter 7 - Waiving the breach and ‘affirming’ the contractPART 4 – BEYOND THE BREACHChapter 8 – Actions of othersChapter 9 - Compensation APPENDIX – Top constructive dismissal cases
