EAT UNFAIR DISMISSAL: Constructive Dismissal
Employment Tribunal found that the claimant was entitled to resign and claim constructive dismissal. It was conceded that if there were a constructive dismissal, it was unfair. The claimant alleged some eight different breaches of contract, which cumulatively and separately amounted to a breach of the duty of trust and confidence. The Tribunal found that six complaints were not well founded but that two of the breaches were repudiatory. They upheld the claim for unfair dismissal. The EAT held that the Tribunal was not entitled to reach that conclusion in the circumstances. Case remitted to a fresh tribunal to consider those two issues only. Observations about the nature of the causal connection necessary to link the resignation and the repudiatory breach when a constructive dismissal is claimed.
Citations:
[2008] UKEAT 0472 – 07 – 2305
Links:
Cited by:
Cited – Lisboa v Realpubs Ltd and Others EAT 11-Jan-2011
lisboa_realpubsEAT11
EAT SEXUAL ORIENTATION DISCRIMINATION
Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 15 July 2022; Ref: scu.268108
