Hutchison v The Scottish Ministers: EAT 11 Jun 2013

EAT UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Striking-out/dismissal
Unfair constructive dismissal.
The Claimant was employed as a procurator fiscal depute. She was off sick with stress related illness when the Respondent invited applications to a voluntary exit scheme. She applied and her application resulted in a quote which she accepted, and Respondents agreed that she could take part in the scheme. She left the employment of the Respondents. She then claimed that she had been unfairly constructively dismissed as the Respondents had breached her contract resulting in her stress related illness. Her claim was dismissed as having no reasonable prospects of success at a PHR. She appealed.
Held: that she was not dismissed constructively or otherwise but left by mutual agreement. Appeal refused.

Lady Stacey
[2013] UKEAT 0053 – 12 – 1106
England and Wales


Updated: 19 November 2021; Ref: scu.515069