EAT UNFAIR DISMISSAL: Constructive dismissal
Grievance procedure; whether reasonable for employers to refrain from progressing it whilst employee off work due to ill health in circumstances where employee in fact fully recovered but GP signing certificates finding the employee unfit for work on a diagnosis of stress. Parties also agreed that resignation letter not received by employers. Tribunal found that the claimant was unfairly constructively dismissed. On appeal, held that the tribunal had erred. There had been no effective dismissal, the Tribunal had not addressed the correct question in law when considering whether or not the claimant had been constructively dismissed and proceeded on the basis of assumptions that were not founded in fact.
Citations:
[2009] UKEAT 0038 – 08 – 0701
Links:
Employment
Updated: 24 July 2022; Ref: scu.337757