Getting to grips with constructive dismissal

  • 48m
  • All Levels
  • Released 4th Jun 2021
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Constructive dismissal is one of the most frequently cited yet misunderstood concepts in employment law, particularly amongst claimants.

Simon McCrossan of Clerksroom addresses some of the common misconceptions in this area as he analyses the essential elements of a constructive dismissal claim, which will help advisers to better evaluate, advance and defend such claims.

Learning objectives:

  • Definition of constructive dismissal
  • Difference between wrongful constructive dismissal and unfair constructive dismissal
  • Last straw dismissals
  • Relevant case law and judicial guidance
  • Tactical considerations in choosing how and where to bring constructive dismissal claims

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Simon McCrossan

Barrister • Clerksroom Chambers

Simon specialises in employment disputes. He holds a specialist LL.M in Employment Law (Distinction) and estimates that he has advised on hundreds of unfair dismissal and discrimination matters alone for large panel insurers. Simon contributes towards national employment law newsletters and has lectured in this area upon the UK’s largest LL.B programme. Prior to the bar, Simon worked as a senior teacher (11-18).

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