EAT UNFAIR DISMISSAL – Constructive dismissal
Employment Tribunal found one failure to pay wages but failed to make necessary findings on two further wages claims.
Employment Tribunal ought to have resolved those questions in order to determine whether Respondent’s failure to pay contractual wages amounted to a repudiatory breach of contract.
Further, Employment Tribunal regarded the raising of a grievance (by way of a petition by staff signed by, among others, the Claimant) as affirming the contract whereas the opposite is the case.
In these circumstances, the Claimant’s appeal was allowed and the case remitted to the same Employment Tribunal for reconsideration of the question of constructive dismissal.
Citations:
[2010] UKEAT 0194 – 10 – 2608
Links:
Employment
Updated: 25 August 2022; Ref: scu.425013