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Representartion:-
Mr J Cavanagh Q.C and Mr S Jones instructed by County Solicitor, Nottingham County Council for the appellant Council
Mr B F Langstaff Q.C and Mr D Massarella instructed by the Disability Rights Commission, Manchester M4 3AQ for Mrs Meikle, the Respondent.
Authority for the propositions that:-
- for an employee to win a constructive dismissal case it is not necessary that the repudiatory breach of contract by the employer of which he complains should be the sole cause of the his resignation.
- for purposes of the Disability Discrimination Act 1995 "dismissal" includes constructive dismissal;
- an employer's failure to make reasonable adjustments to accommodate a disabled employee as required by Disability Discrimination Act 1995 s.6 can amount to a serious breach of the implied contractual term of trust and confidence (and thus give the employee the right to resign and claim constructive dismissal ); and
- the duty to make reasonable adjustments can include a duty to consider paying employees full pay during sickness absence regardless of their contractual sick pay entitlements.
For relevant general notes see Constructive dismissal/discrimination cases and/or Disability Discrimination/reasonable adjustments and/or Disability Discrimination/Justification .
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prepared July2004