News & Legal Updates
Sign up to news & legal updates
The world was rocked yesterday at news that Zayn Malik has left One Direction. His official statement read, “I am leaving because I want to be a normal 22-year old who is able to relax and have some private time out of the spotlight.” Rumour has it that he resigned as a result of the stress which has been caused by being a member of the most successful boy band of all time.
Is he lodging a claim of constructive unfair dismissal?
The circumstances surrounding his resignation are not unlike circumstances which surround claims of constructive unfair dismissal, where employees tender their resignation as a result of a breach of contract. In order for a claim of constructive unfair dismissal to succeed, it must be established that:
- There was a fundamental breach of contract on the part of the employer
- The employer’s breach caused the employee to resign
- The employee did not delay too long before resigning
It seems entirely plausible that Zayn could rely on the stress which was caused by his job, the circumstances surrounding his resignation and the content of his official statement to support a claim of constructive unfair dismissal in the future.
Why would Zayn not work his notice?
In claims for constructive dismissal, a tribunal can criticise an employee who offers to work longer than their contractual minimum notice period. In such cases, a tribunal can make a finding that the employee has affirmed the contract, resulting in an unsuccessful claim of constructive dismissal. For this reason, an employee would not normally offer to work their notice period when resigning in pursuit of a claim. Having said that, the EAT has made it clear in recent cases that each case is fact sensitive and the matter of time is not to be taken in isolation. Generally employees should take advice about the issue of notice before electing to resign. However if Zayn is intent on pursuing such a claim, he was wise not to have offered to work his contractual notice period.
How long does Zayn have to lodge a claim?
Any claim for constructive unfair dismissal requires to be lodged within three months of the effective date of termination of employment. The only exception to this rule is where it was not reasonably practicable to have lodged the claim within this time limit. Tribunals however are generally reluctant to use this exception. For this reason, Zayn will require to act quickly if he wants to identify the correct employment lawyer, pay his employment tribunal issue fee and get his funding in place for a claim.
One Way Or Another, I am sure that we will eventually hear The Story Of His Life.
In the meantime, we can only speculate as to the reasons for Zayn’s resignation.
Maybe he will lodge a claim of constructive unfair dismissal.
Maybe he just wants to Live While He’s Young.
Or maybe he just didn’t like their music ….
The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.
Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.
Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.
Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.
© Blackadders LLP 2011
Members of the Law Society of Scotland.
Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.Back to News & Legal Updates