Migliaccio and Others v Smith (Southern) (Unfair Dismissal: Constructive Dismissal): EAT 12 Feb 2014

EAT Unfair Dismissal: Constructive Dismissal – Whether, at the time of the Claimants’ resignations, it was a term of their contracts of employment that they were entitled to share gratuities left by customers on whom they waited. On the facts it was found that the Employment Judge was entitled to conclude that the arrangement was no longer contractual after 2009. Thus the Claimants were not constructively dismissed in July 2013.

Peter Clark HHJ
[2014] UKEAT 0267 – 14 – 1202
Bailii
England and Wales

Employment

Updated: 29 December 2021; Ref: scu.545169