Where a litigant in person asserts that they have been subject to detrimental treatment, and resigned as a result, consideration should be given to whether constructive dismissal is being asserted, to avoid falling into the ‘constructive dismissal trap’. In this case the employment judge should have appreciated that the claimant was asserting that she had resigned as a result of the respondent’s treatment of her, and that, as a result, they could not rely on a clause in her contract of employment to recoup recruitment fees. The employment judge should have considered whether the respondent had breached the implied term of mutual trust and confidence, whether the claimant had resigned in response without having affirmed the contract, so that the clause permitting recoupment of fees could no longer be relied upon. The matter was remitted to the same employment tribunal to determine whether the claimant was constructively dismissed. If she was, the respondent accepts that the fees will have to be repaid.
Citations:
[2022] EAT 12
Links:
Jurisdiction:
England and Wales
Employment
Updated: 08 June 2022; Ref: scu.677909