EAT Unfair Dismissal – constructive dismissal
In a constructive dismissal claim based on a disciplinary sanction short of dismissal, the issue is whether the sanction was disproportionate. Although BHS v Burchell should not be imported wholesale into cases of constructive dismissal, where the issue was the severity of a disciplinary penalty, it was not an error of law to consider whether the sanction fell outside the band of reasonable responses.
Citations:
[2007] UKEAT 0309 – 06 – 2501
Links:
Citing:
Cited – London 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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.248271
