EAT UNFAIR DISMISSAL – Constructive dismissal
Constructive and unfair dismissal.
The Tribunal reached an insupportable finding of fact on the question whether the Respondent had taken prompt action to remove an employee who had threatened the Claimant.
The Tribunal erred in law in holding that the Claimant did not resign in response to the Respondent’s breach of contract by concentrating on what it described as the ‘immediate cause’: Jones v Sirl and Son (Furnishers) Ltd [1997] IRLR 493 and Nottinghamshire County Council v Meikle [2004] IRLR 703 applied.
Appeal allowed. Finding of constructive and unfair dismissal substituted.
Judges:
Richardson J
Citations:
[2011] UKEAT 0181 – 10 – 1602
Links:
Employment
Updated: 03 September 2022; Ref: scu.430300