F and C Asset Management Plc and others v Switalski: EAT 9 Dec 2008

EAT PRACTICE AND PROCEDURE: Review
UNFAIR DISMISSAL: Constructive dismissal
SEX DISCRIMINATION: Direct
Two appeals in respect of two matters heard together by the Employment Tribunal:
(i) Review Appeal: the Tribunal applied the wrong legal tests and/or erred in law and/or was perverse in dismissing the Appellant’s application for Review by reference to fresh evidence and/or the interests of justice. Application for Review granted and Review of the First and Second Cases remitted to a different Tribunal.
(ii) Fourth Case Appeal: Tribunal had no evidential basis and/or gave no adequate reasons for its conclusion that there was a last straw and/or erred in law in concluding that there was unaffirmed repudiatory breach and/or victimisation and erred in law and/or was perverse and/or gave no adequate reasons in respect of findings of sex discrimination or harassment. Save for certain of the sex discrimination and harassment claims which were dismissed, balance of the claims remitted for rehearing by a different tribunal.

Burton J
[2008] UKEAT 0423 – 08 – 0912
Bailii
England and Wales
Citing:
CitedGAB Robins (UK) Ltd v Triggs CA 30-Jan-2008
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach.
Held: Where a claimant’s losses arose before . .
See AlsoF and C Asset Management Plc and others v Switalski EAT 23-May-2008
EAT Sex Discrimination – Comparison – Burden of proof
Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Direct sex discrimination – less favourable treatment – comparative exercise – . .
See AlsoF and C Asset Management Plc and others v Switalski CA 20-Oct-2008
. .
CitedFlint v Eastern Electricity Board EAT 1975
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 02 November 2021; Ref: scu.278813