Autumn 2007 Newsletter


Contents

Borrowed clothes?

You want it when?

The daily grind

Knock knock

Computers@home

Stick to the facts

It's personal

Expense claims

Cash down

Plant buying

Hobson's choice

A helping hand

Education, education

Up with the Joneses

Bills bills bills

Done to a crisp

Tax association

Hobson's choice


If you resign voluntarily, you give up many rights under employment law. If you are sacked, you can look for damages for breach of contract or compensation for unfair dismissal, if the employer hasn't followed the right procedure.

Some employers will try to make an employee resign - they can make life difficult, put on pressure, give them a "non-job". These things are generally regarded by the courts as "constructive dismissal". Even if the employee ends up resigning because the situation has become unbearable, they will be treated as dismissed and will be entitled to the protection of the law.

In a recent case an employee was called to a meeting and told he would be dismissed. A negotiation followed and terms for a notice period were agreed. A document was drawn up apparently terminating the employment by mutual agreement: he had resigned.

The Employment Appeals Tribunal agreed with him that this was still a dismissal. The negotiation was not free and equal - the meeting had started with the fact of his dismissal, and he had tried to salvage the best he could. The "mutual agreement" did not take away his right to employee protection.