EAT Unfair Dismissal : Constructive Dismissal – The Appellant contended that she had been constructively dismissed. In particular an issue arose as to whether the failure to follow the grievance procedure amounted to a fundamental breach of contract and if so had the Appellant affirmed the contract. First, there was a lack of clarity in the reasoning of the Tribunal. In particular, it was unclear whether or not the Tribunal found that the failure to follow a grievance procedure amounted to a fundamental breach of the implied term of trust and confidence amounting to a repudiation of the contract. Secondly, if the Tribunal had found such a fundamental breach, then the Tribunal had not determined whether or not the employee had affirmed the contract. If the Tribunal determined that the employee had not affirmed the contract, then the Tribunal would have to determine if the breach played a part in the decision to resign and did not do so.
Lewis J
[2014] UKEAT 0265 – 14 – 0212
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.541961
