EAT Unfair Dismissal : Constructive Dismissal – The Appellant claimed that he had been constructively dismissed by reason of his employers having conducted an inquiry into his dealings with a particular customer when he was ill. Those enquiries included indicating to the customer that the Claimant may have been acting wrongly. On discovering that that had been done, the Claimant resigned. He argued that the Employment Tribunal had applied the wrong test to constructive dismissal and had concentrated on events which had happened earlier, leading to his going off ill. They did not adjudicate upon the Claimant’s claim that the Respondent had breached the implied term of trust and confidence by their actings. Held that the ET had not made a decision on the claim put by the Claimant. That was an error of law and the question of unfair constructive dismissal should be remitted to a freshly constituted Tribunal.
Lady Stacey
[2014] UKEAT 0044 – 13 – 2901
Bailii
England and Wales
Employment
Updated: 16 December 2021; Ref: scu.534226