EAT Unfair Dismissal – Constructive dismissal
The Employment Tribunal erred in applying the last straw doctrine of constructive unfair dismissal when, on affirmation of the contract by the Claimant following earlier breach, there was only one event to consider. This was the construction of a letter, and as a matter of law the contents could not amount to a breach of contract. The EAT substituted its Judgment for the Employment Tribunal’s and dismissed the unfair dismissal claim.
Judges:
His Honour Judge McMullen QC
Citations:
[2006] UKEAT 0371 – 06 – 1309, UKEAT/0371/06
Links:
Citing:
Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.247800