UNFAIR DISMISSAL
Constructive dismissal
Compensation
Constructive Unfair Dismissal – Compensatory Award – Limitation on Period of Future Loss
The Employment Tribunal had been entitled to reach the conclusion that the Respondent would fairly have dismissed the Claimant for some other substantial reason after a further 12 weeks. That finding comprehended the background findings in the Claimant’s favour and did not amount to an impermissible short-cut.
Constructive Unfair Dismissal – Compensatory Award – Contributory Conduct
The Employment Tribunal reached conclusions that were entirely open to it both as to the culpable nature of the Claimant’s conduct (that he had made clear he intended to pursue an external campaign to embarrass the Respondent) and as to the relevant chronology, the Claimant having made clear his intention prior to the Respondent’s instruction to him to move to a different department (the repudiatory breach in issue in this case).
Eady QC HHJ
[2014] UKEAT 0144 – 13 – 2711
Bailii
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551972