EAT Unfair Dismissal : Constructive Dismissal – Unfair constructive unfair dismissal.
The Appellant employer argued that the Employment Tribunal had not made findings from which it could conclude that the employee had been constructively dismissed. The Respondent employee argued that the ET had made findings of fact which were not perverse and they should not be altered.
Held: the ET erred in failing to ask itself the correct question, which is whether the employee acted in such a way as to breach the implied term of the contract between employer and employee. No finding of constructive unfair dismissal should be made unless there are findings to support it, that is findings that the actions of the employer were such as to be calculated, or likely, to destroy the necessary trust and confidence between employer and employee. In this case there insufficient reasons to show that question had been asked. Further the decision made was perverse as there were internally contradictory findings.
Stacey, Lady
[2014] UKEAT 0447 – 13 – 0104
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526525