EAT UNFAIR DISMISSAL – Constructive dismissal
Constructive dismissal – breach of contract – affirmation
The ET had made findings as to repudiatory breach of contract that went beyond the case pursued by the Claimant, specifically finding that the last straw was an act that had taken place on 14 August 2014, some weeks after the last matter on which the Claimant had relied. That said, the Respondent’s appeal on this basis would not be allowed as the ET had permissibly concluded, in the alternative, that the matters relied on by the Claimant would themselves amount to a cumulative breach of the implied obligation to maintain trust and confidence.
The ET had then, however, also proceeded to determine the question of affirmation on the basis that the last straw had taken place on 14 August 2014 and had considered the question of the Claimant’s delay in resigning and the parties’ interactions only from that time. Although the ET had gone on to assert that it would have reached the same conclusion on affirmation whether the last straw had been 14 August 2014 or some weeks earlier, its reasoning failed to disclose any active consideration of the Claimant’s conduct and the parties’ communications and interactions in the weeks prior to 14 August and it was not possible to understand its explanation for its conclusion with any confidence that it had taken that relevant earlier period into account.
In the circumstances, the Respondent’s appeal would be allowed on the affirmation point and remitted – to the extent that it was still possible – to the same ET for reconsideration.
Judges:
Eady QC HHJ
Citations:
[2017] UKEAT 0332 – 16 – 1505
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590415