EAT UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Amendment
It was part of the Claimant’s case of constructive dismissal based upon the implied term of trust and confidence that the Respondent effectively denied any proper appeal against its decision upon a grievance which he had presented. The Tribunal did not determine this issue, apparently regarding it as irrelevant to the Claimant’s case concerning the implied term of trust and confidence. This was an error of law.
The Claimant also sought to amend the claim to plead that the grievance procedure in question had contractual effect. The amendment was refused. The Tribunal’s reasons for refusing the amendment were flawed.
David Richardson J
[2013] UKEAT 0185 – 12 – 2907
Bailii
England and Wales
Employment
Updated: 20 November 2021; Ref: scu.515391
