The Mudcat Café TM
Thread #165570 Message #4000403
Posted By: Nigel Parsons
12-Jul-19 - 03:46 AM
Thread Name: BS: Brexit #3: A futile gesture?
Subject: RE: BS: Brexit #3: A futile gesture?
Sorry, Nigel, but you are well aware of the concept of constructive dismissal. For example, Wiki express it it as this:
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.
(There are lots of equivalent expressions elsewhere)
Trump behaved as he often does. Boris, given a choice of clearly supporting the ambassador at the risk of crossing Trump, went with Trump. The ambassador found that the hostile environment spoken of above.
But I also notice that the answer you gave made no mention of sovereignty, which was an important part of the question.
Nice quote about 'constructive dismissal', but it doesn't appear to support your argument. It describes such dismissal as caused by the employer, and you were saying Trump caused the registration/dismissal. Trump is/was not the employer of Kim Darroch, so this definition doesn't fit the situation.
As to sovereignty, I don't see how that enters the matter. The UK can still appoint an ambassador, but the country he/she is sent to can still choose whether to interact with that ambassador. The chosen person then needs to be mutually acceptable to the two countries.