EAT Contract of Employment – Wrongful dismissal
Unfair Dismissal – Reasonableness of dismissal
Appellant appealing against finding that she was neither wrongfully nor unfairly dismissed. She had a full time job but worked one day a week with another body in paid employment. The Tribunal held that the employer was entitled to treat this as a repudiatory breach, particularly since they had given her the opportunity to resign from that employment. They also held that whilst there were certain procedural errors, they did not render the dismissal unfair. The appellant alleged that the Tribunal ought to have found that it was the employers and not her who was in breach, and ought to have found that the dismissal was unjustified both for procedural defects and because the person who dismissed had given no real consideration of alternative sanctions. EAT held that the Tribunal was entitled to reach the conclusion that it did.
Judges:
Elias P, J
Citations:
[2006] UKEAT 0479 – 06 – 2112, UKEAT/0479/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 02 June 2022; Ref: scu.248313
