Unfair Dismissal – Constructive Dismissal – Disability Related Discrimination
An Employment Tribunal (‘ET’) was entitled to find, on the facts before it, that a letter written by the Claimant referring to ‘constructive dismissal’ and to an ET1 having been lodged demonstrated an intention on the Claimant’s part to resign, such that no subsequent act by the Respondent could amount to a ‘last straw’.
It was also entitled to find that a final written warning issued to the Claimant was a proportionate means of achieving a legitimate aim, in circumstances where the Claimant had been absent for lengthy periods over a protracted period.
Citations:
[2018] UKEAT 0012 – 18 – 0609
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 July 2022; Ref: scu.630726