The employee appealed against the dismissal of her claim for unfair dismissal. Following a re-organisation, she found that there was less and less work of the sort she was employed to undertake. She requested voluntary redundancy and was refused repeatedly. She eventually resigned. The tribunal had failed to give adequate or intelligible reasons for its decision, and the case would normally have to be remitted. The EAT gave some guidance on the duty of an employer to provide work. In such circumstances the issue of redundancy is peripheral. Any such failure to provide work must go to the heart of the employment contract. In this case the period of time over which work was not offered was insufficient to meet this test. In the unusual circumstances of the case, the appeal was dismissed rather than remitted.
EAT Unfair Dismissal – Reason for Dismissal including substantial other reason.
Judges:
The Honourable Lord Johnston
Citations:
EAT/218/01
Links:
Citing:
Applied – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – William Hill Organisation Ltd v Tucker CA 8-Apr-1998
In the absence of a sufficient clause providing otherwise, an employee required not to attend work during his notice period may work for another employer during that period. The court should ask whether the bargain between the employer and the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 28 April 2022; Ref: scu.168335
