Further to the announcement that a former winner of TV's The Apprentice has lost her claim of constructive dismissal against Alan Sugar, Amanda Hedayati, an employment law specialist and senior lecturer at The University of Law comments:
"This case serves as a reminder that claims for constructive dismissal are notoriously difficult to win. Even in circumstances where an employee had been subjected to unreasonable behaviour by their employer, this is not necessarily sufficient to demonstrate the required seriousness of breach of a key term of contract.
“Of course, more extreme cases of unreasonable behaviour and bullying will still pose a risk to the employer that the conduct will amount to constructive dismissal. Many situations like that which Ms English reports will be considered to fall into the category of the usual highs and lows of the workplace.
“Given that the individual will have had to resign in order to bring the claim, in the current climate, where it might be some time before the employee can get another job, the tribunal route can be very risky indeed."
To interview Amanda or for further comment, please contact The University of Law team at Broadgate Mainland on 020 7726 6111 (Theuniversityoflaw@broadgatemainland.com).
