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LECTURE 6

LECTURE 6
Termination and Wrongful Dismissal
(common law)

Pitt, (9th edn) Ch 8, pp 265-274

OUTLINE
1 WRONGFUL DISMISSAL AND UNFAIR DISMISSAL

2 CONSTRUCTIVE DISMISSAL
(i) Employer committed repudiatory breach
(ii) Worker left because of that breach
(iii) Breach not ‘waived’ by worker

3 DISMISSAL BY NOTICE
4 DISMISSAL WITHOUT NOTICE – SUMMARY DISMISSAL
5 REMEDIES FOR WRONGFUL DISMISSAL
(a) Damages
(b) Specific performance and injunctions
1. WRONGFUL DISMISSAL AND UNFAIR DISMISSAL

Devis v Atkins [1977] ICR 662 (HL); Boston Deep Sea Fishing v Ansell (1888) 39 CHD 339 (CA); Hill v Parsons [1972] 1 Ch 305 (CA); Irani v Southampton & South West Hants HA [1985] ICR 590 (Ch); Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust [2005] EWHC 2407 (QB)
2. CONSTRUCTIVE DISMISSAL

Western Excavating Ltd v Sharp [1978] QB 761 (CA), 769 (Lord Denning MR)

‘If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer’s conduct. He is constructively dismissed. The employee is entitled in those circumstances to leave at the instant without giving any notice at all or, alternatively, he may give notice and say he is leaving at the end of the notice. But the conduct must in either case be sufficiently serious to entitle him to leave at once. Moreover, he must make up his mind soon after the conduct of which he complains: for, if he continues for any length of time without leaving, he will lose his right to treat himself as discharged. He will be regarded as having elected to affirm the contract.’

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