At Royds Withy King we are still able to serve all your legal needs during the Coronavirus pandemic. Find out more.

Search our news, events & opinions

On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

23 June 2016 0 Comments
Posted in Employment, Opinion

Constructive dismissal test

Author headshot image Posted by , Partner

In Gibbs v Leeds United Football Club, the High Court has held that an employee’s willingness to negotiate a termination package does not necessarily prevent him being able to bring a claim of constructive unfair dismissal.

The claimant was the Assistant Manager at Leeds United. The Manager was sacked and the Claimant was asked if he was interested in becoming Head Coach but he declined. He fully expected to be dismissed but he was asked to continue in his role while discussions were held about a consensual departure.   He was not expected to work with the new Manager. He was also excluded from taking any proper part in the training of the first team, which was part of his normal duties, and neither was he invited to pre-season training.  He was then told that he would have no contact with the first team and could instead work with the youth academy.  His response was to resign.

The High Court held that it was not a breach of contract on his part to initiate a discussion about a mutual termination.  The fact that he had said he was prepared to leave if appropriate terms could be agreed was neither here nor there: he had remained ready and willing to fulfil his duties and the email preventing him from doing so amounted to a repudiatory breach since it clearly led to a loss of status and he had resigned in response to this.  He was therefore entitled to succeed in his claim for notice pay.

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated and please do not use a spammy keyword or a domain as your name or it will be deleted.

*required*

**required*

*optional*

Employment

It pays to employ the right employment solicitor

Learn more

Partner

T: 020 7842 1439 (DDI)
Email

Search our news, events & opinions