Editing Constructive dismissal (section)

===Typical causes===
The person causing the dismissal does not need the authority to dismiss, as long as they acted in the course of employment.<ref name=era96-95/><ref name=hilton>''Hilton International Hotels (UK) Ltd v Protopapa'' [1990] IRLR 316</ref>

====Grounds====
Constructive dismissal is typically caused by:-

*unilateral contract changes by the employer such as:
** deliberate<ref>''Cantor Fitzgerald International v Callaghan'' [1999] ICR 639</ref> cuts in pay or status (even temporary<ref>''[[Wadham Stringer]] Commercials (London) Ltd and Wadham Stringer Vehicles Ltd v Brown'' [1983] IRLR 46</ref>),
** persistent delayed wages,
** refusal of holiday,<ref>''Lytlarch Ltd v Reid'' [1991] ICR 216</ref>
** withdrawal of car,<ref>''Triton Oliver (Special Products) Ltd v Bromage'' (EAT 709/91) IDS Brief 511</ref>
** suspension without pay (or even on full pay<ref>''William Hill Organisation Ltd v Tucker'' [1999] ICR 291</ref>),
** dramatic changes to duties, hours<ref>''Greenaway Harrison Ltd v Wiles'' [1994] IRLR 380</ref> or location (beyond reasonable daily travelling distance<ref>''Courtaulds Northern Spinning Ltd v Sibson'' [1988] ICR 451</ref>), or
* breach of contract in the form of bullying, e.g.:
** ignoring complaints,<ref>''Goolds v McConnell'' [1995] IRLR 516</ref>
** persistent unwanted amorous advances,<ref>''Western Excavating (ECC) Ltd v Sharp''</ref>
** bullying and swearing,<ref>''Korkaluk v Cantor Fitzgerald International'' [2004] ICR 697</ref>
** verbal abuse (typically referring to gender,<ref>''Isle of Wight Tourist Board v Coombes'' [1976] IRLR 413</ref> size<ref>''Palmanor v Cedron'' [1978] IRLR 303</ref> or incompetence<ref name=courtaulds>''Courtaulds Northern Textiles Ltd v Andrew'' [1979] IRLR 84, EAT</ref>),
** singling out for no pay rise,<ref>''Gardner v Beresford'' [1978] IRLR 63</ref>
** criticising in front of subordinates,<ref name=hilton/>
** lack of support (e.g. forcing to do two peoples' jobs),<ref>''Seligman v McHugh'' [1979] IRLR 316</ref>
** failure to notify a woman on maternity leave of a vacancy which she would have applied for if she had been made aware of it,<ref>''Visa International Service Association Ltd v Paul'' [2004] IRLR 42</ref>
** refusal to confirm continuity on [[Transfer of Undertakings (Protection of Employment)|TUPE]] transfer,<ref>''Euro-Die (UK) Ltd v Skidmore'' (EAT 1158/98) (2000) IDS Brief B665/14</ref>
** revealing secret complaints in a reference (even ones required by a regulator<ref>''TSB Bank plc v Harris'' [2000] IRLR 157</ref>), or
*breaches such as:
** behaviour which is arbitrary, capricious, inequitable, intolerable or outside good industrial practice,<ref>''Woods v WM Car Services (Peterborough) Ltd'' [1981] ICR 666</ref>
** conduct that undermined trust and confidence (i.e. offering an incentive to resign to avoid performance managing capability),<ref>''Billington v Michael Hunter & Sons Ltd'' EAT 0578/03, IDS Brief 758</ref>
** refusal to look for an alternative role due to workplace stress,<ref>''Thanet District Council v Websper'' EAT 1090/01, IDS Brief 728</ref>
** disproportionate disciplinary penalty,<ref>''Stanley Cole (Wainfleet) Ltd v Sheridan'' [2003] ICR 297</ref>
** employer tricks employee into resigning.<ref>''Caledonian Mining Co Ltd v Bassett'' [1990] ICR 425</ref>

=====Flexibility and mobility clauses=====
A flexibility clause does not allow the employer to change a type of job<ref>''Land Securities Trillium Ltd v Thornley'' [2005] IRLR 765</ref> as it is implied that the flexibility is to operate within the original job.

A mobility clause is subject to the implied term of mutual trust which prevents the employer from sending an employee to the other side of the country without adequate notice or from doing anything which makes it impossible for the employee to keep his side of the bargain.<ref>''United Bank Ltd v Akhtar'' [1989] IRLR 507</ref>

====Insufficient grounds====
There is no right to automatic pay rises.<ref>''Murco Petroleum Ltd v Forge'' [1987] ICR 282</ref> Nor is a smoking ban a breach.<ref>''Dryden v Greater Glasgow Health Board'' [1992] IRLR 469</ref>