In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.
Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
Nethermere Ltd v Gardiner And Another [1984] ICR 612 is a UK labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal, in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee.
Redfearn v Serco Ltd [2006] EWCA Civ 659 and Redfearn v United Kingdom [2012] ECHR 1878 is a UK labour law and European Court of Human Rights case. It held that UK law was deficient in not allowing a potential claim based on discrimination for one's political belief. Before the case was decided, the Equality Act 2010 provided a remedy to protect political beliefs, though it had not come into effect when this case was brought forth.
Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
R (Seymour-Smith) v Secretary of State for Employment [2000] UKHL 12 and (1999) C-167/97 is a landmark case in United Kingdom labour law and European labour law on the qualifying period of work before an employee accrues unfair dismissal rights. It was held by the House of Lords and the European Court of Justice that a two-year qualifying period had a disparate impact on women given that significantly fewer women worked long enough to be protected by the unfair dismissal law, but that the government could, at that point in the 1990s, succeed in an objective justification of increasing recruitment by employers.
Western Excavating (ECC) Ltd v Sharp [1978] ICR 221 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
Gisda Cyf v Barratt [2010] UKSC 41 is a UK labour law case, concerning unfair dismissal governed by the Employment Rights Act 1996.
Iceland Frozen Foods Ltd v Jones [1983] ICR 17 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
Williams v Compair Maxam Ltd [1982] ICR 156 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
HSBC Bank plc v Madden and Post Office v Foley [2000] EWCA Civ 330 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Hollister v National Farmers’ Union [1979] ICR 542 is a UK labour law case concerning redundancy and unfair dismissal.
Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 is a UK labour law case, concerning the test for when workers are covered by employment rights when they work abroad.
Lawson v Serco Ltd [2006] UKHL 3 is a UK labour law case, concerning the test for when workers are covered by employment rights when they work abroad.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust and Botham v Ministry of Defence[2011] UKSC 58 is a UK labour law case, concerning wrongful dismissal.
British Home Stores Ltd v Burchell [1978] ICR 303 is a UK labour law case, concerning unfair dismissal.
Abernethy v Mott, Hay and Anderson [1974] ICR 323 is a UK labour law case, concerning unfair dismissal.