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Capello Could Claim 'constructive Dismissal'?
There are rumours that the FA could still face a claim for constructive dismissal despite Fabio Capello's decision as England Manager.
Could Capello claim Constructive Dismissal?
But first of all what is Constructive Dismissal?
According to Employment Barrister (http://www.keithwebster.co.uk/blog/)
Constructive dismissal is when an employee is forced to quit his/her job against his/her will because of his/her employer’s conduct. Another way to look at it is: an employee has to resign because of some serious action or omission by the employer which causes the employee to reasonably believe that continuation of employment is impossible. A fundamental change in the contract of employment (although on occasion the court might accept a detrimental change to the contract of employment), or a refusal to improve intolerable working conditions, might justify such a resignation.
The fact that he resigned from his post would not stop him from lodging a claim against the FA if he felt that the FA wasn't treating him fairly. However the potential legal action against the FA would be heavily reliant on ...
... what is on Capello's contract.
Capello might even argue that the stripping of John Terry's captaincy had undermined him as the Manager, but then again whether or not this can be the claim would large depend on what the contract says.
Looks like we just have to wait and see.
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