Barke v SEETEC Business Technology Centre Ltd: EAT 13 Jan 2006

EAT The Tribunal rejected the employee’s claims that there had been constructive unfair dismissal and disability discrimination. On her appeal:
(1) In deciding to reject the constructive unfair dismissal claim the Tribunal failed to consider whether the accumulation of matters of which the employee complained amounted to a fundamental breach of the implied term of trust of confidence and considered only whether each matter was a breach.
(2) The Tribunal failed to approach what was said to be the last straw on the basis that it did not have to be a breach of contract.
(3) The Tribunal’s answers to questions posed by the EAT formed part of their judgment as a whole but did not remedy the faults.
(4) The Tribunal’s conclusions as to individual acts of disability discrimination were unassailable.
Lewis v Motorworld, Meikle and Omilaju applied. Appeal allowed in part. Remission of U.D and D.D by dismissal to new Tribunal.

Burke J QC
UKEAT/0917/04, [2006] UKEAT 0917 – 04 – 1301
Bailii, EAT
England and Wales
See AlsoBarke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
CitedLondon Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .

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Leading Case

Updated: 09 November 2021; Ref: scu.238249