EAT UNFAIR DISMISSAL – Constructive dismissal
CONTRACT OF EMPLOYMENT – Wrongful dismissal
Appellant’s appeal to the effect that the Employment Tribunal should have found that he had been wrongfully dismissed as at 28 March 2008, and that the Respondent was in breach of contract in putting him on ‘garden leave’, dismissed. The Appellant’s claim did not include any case that he had been dismissed as at 28 March 2008, on the findings in fact, the Appellant had not been dismissed by the Respondent and, on the facts of the case, the Respondent had been entitled to put the Claimant on ‘garden leave’ on 13 March 2008.
Cross-appeal that the Employment Tribunal had erred in finding that the Respondent had wrongfully dismissed the Claimant so as to disentitle them from recovering course fees, upheld. Order pronounced by the Employment Appeal Tribunal finding the Appellant liable to repay course fees to the Respondent.
Judges:
Smith Hon
Citations:
[2010] IRLR 1016, [2010] UKEAT 0064 – 09 – 2707
Links:
Employment
Updated: 25 August 2022; Ref: scu.425008