EAT UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Costs
The Employment Tribunal did not err in finding the conduct of the Respondent breached the implied term of trust and the Claimant resigned for that reason.
The employment status of the Claimant was not an issue at the Employment Tribunal and could not be raised now.
The Respondent, a solicitor, conducted himself unreasonably in failing to take steps in preparation for the hearing, in not attending and threatening costs against the Claimant. If the Claimant, a solicitor, had known he would not attend she need not have instructed counsel. Subject to submissions of the Respondent and a schedule, costs of counsel attending the hearing (but not conference and skeleton) would be awarded.
Citations:
[2010] UKEAT 0195 – 10 – 1609
Links:
Employment
Updated: 25 August 2022; Ref: scu.425021