EAT Unfair Dismissal : Constructive Dismissal – The claimant resigned and claimed that the respondent had breached the contract of employment by refusing to allow him to attend his place of work. The respondent denied that. There was evidence of letters in which the respondent’s senior managers stated the claimant could attend work. The claimant’s evidence was the site manager refused to allow him to do so. The site manager denied having done so. The ET rejected the claimant’s evidence. The claimant argued that the ET had erred in law by deciding to reject his evidence because he had not protested at the time, when in fact he had.
Held: appeal dismissed. The ET was entitled to reach its view on credibility by the method it explained. The ET did not ignore evidence. They took it all into account and gave a cogent reason for preferring the evidence led on behalf of the respondent to that of the claimant.
Lady Stacey
[2014] UKEAT 0013 – 14 – 2706
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.535999