EAT Unfair dismissal – Constructive dismissal
Sex discrimination – direct
Sex discrimination – indirect
The Employment Tribunal made substantial findings of unlawful discrimination, not appealed. However, the Respondent’s rejection of the Claimant’s application to work part-time on her return from maternity leave was an act of direct and indirect sex discrimination. The Claimant left promptly in response. The Tribunal misconstrued the Claimant’s application holding effectively that it was about flexible working and did not contain an application to work part-time. On the correction of this error, the only conclusion was that the Claimant was constructively dismissed. In the circumstances of this case, the act of direct and indirect discrimination constituted repudiation of the contract which was accepted promptly by the Claimant when she resigned for that reason. There was no explanation or defence of fairness and so the dismissal was unfair.
Judges:
McMullen QC HHJ
Citations:
[2007] UKEAT 0512 – 06 – 2205
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.262308
