nationwide_niblettEAT2009
EAT UNFAIR DISMISSAL: Constructive dismissal
The Tribunal erred in law in its approach to the question of constructive unfair dismissal, misapplying the judgment of the Employment Appeal Tribunal in Abbey National plc v Fairbrother [2007] IRLR 320. Discussion of Abbey National plc v Fairbrother and Claridge v Daler Rowney Limited [2008] IRLR 672.
Note: shortly before this judgment was to be handed down, a different division of the Appeal Tribunal handed down judgment in Bournemouth University Higher Education Corporation v Buckland [2009] UKEAT/0492/08, BAILII: [2009] UKEAT 0492 – 08 – 0805. That division of the Appeal Tribunal, declined to follow Abbey National plc v Fairbrother and Claridge v Daler Rowney Limited. We have incorporated references to Bournemouth University Higher Education Corporation v Buckland in this judgment and explained why we have not considered it necessary for the purposes of this appeal to call for any further argument or to express any concluded view as to the effect of the Bournemouth case.
[2009] UKEAT 0524 – 08 – 0207
Bailii
Employment
Updated: 10 November 2021; Ref: scu.347328