Constructive Dismissal
In Tullett Prebon plc v BGC Brokers LP the Court of Appeal
considered the High Court's construction of issues relating to
repudiatory breach and constructive dismissal and upheld its
findings.
A number of city brokers working for Tullett Prebon were poached
by BGC using the means of forward contracts. Such contracts are
legally binding and provide that an employee will commence work on
a certain date. A large financial inducement is usually offered,
with part payable up front, the other part payable when the
employee starts employment.
It was clear from the facts before the High Court that the
Tullet brokers had been plotting the move to BGC for some time,
aided by the ex-Tullet in house lawyer and another ex-Tullet broker
now at BGC. Several meetings had been held in expensive
restaurants, incriminating emails found and an unusually high
number of blackberries and other devices 'lost' together
with the information contained in them. Three
