EAT Unfair dismissal – Constructive dismissal – Dismissal/ambiguous resignation – Reason for dismissal including substantial other reason – Automatically unfair reasons
Dismissal or resignation. The interpretation of s.57A ERA 1996. Mistaken belief employee had resigned when may in fact have been a fair reason for dismissal. 1-2 months off work to care for dependants – held unreasonable under s.57A ERA. Case remitted on facts.
Judges:
Nelson J
Citations:
[2007] UKEAT 0470 – 07 – 0711
Links:
Statutes:
Employment Rights Act 1996 57A, Maternity and Paternal Leave Regulations 1999 20
Jurisdiction:
England and Wales
Citing:
Cited – Ely v YKK Fasteners (UK) Ltd CA 15-Jul-1993
Belief that an employee had resigned was sufficient to justify dismissal. The expression of a wish to resign is capable of being ‘some other substantial reason for dismissal’.
If an employer mistakenly does not know of a valid reason for a . .
Cited – Qua v John Ford Morrison (Solicitors) EAT 14-Jan-2003
The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 24 July 2022; Ref: scu.342113
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