EAT Contract of Employment : Disciplinary and Grievance Procedure – UNFAIR DISMISSAL – Constructive dismissal – At the disciplinary hearing matters were raised of which the Claimant was given no advance warning. However the matters had arisen after the disciplinary hearing had been arranged. The Claimant resigned in protest at the way in which the hearing was conducted and claimed constructive dismissal. Appeal allowed and sent back to a different Tribunal. There are a number of occasions in which it is difficult to see what findings the Employment Tribunal made. No finding at all as to whether the resignation was caused by the alleged breach of contract or whether the Claimant had decided to resign rather than be dismissed. Appeal allowed and sent back to a new Tribunal.
Judges:
Pugsley J
Citations:
[2011] UKEAT 0138 – 11 – 1708
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 October 2022; Ref: scu.450616