EAT Unfair Dismissal: Constructive Dismissal – The Claimant resigned by letter which relied on numerous reasons for his resignation including one which the Employment Tribunal found to constitute a fundamental and subsisting breach of contract. The Respondent contended that the real reason for his resignation was to avoid disciplinary proceedings in relation to a different matter and was not in response to the fundamental breach that he had established. The Employment Tribunal agreed with that contention and found that in those circumstances he could not claim constructive dismissal.
In the light of the way the case was put by the Respondent and on a proper reading of the Reasons, it was clear that the Employment Tribunal were not, as the Claimant maintained on appeal, setting up a false dichotomy between two different reasons for resigning (i.e. avoiding the disciplinary action and the fundamental breach of contract) but were finding, permissibly, that the true reason was to avoid disciplinary action and that the fundamental breach in fact had nothing to do with the resignation.
Shanks HHJ
[2016] UKEAT 0156 – 16 – 0711
Bailii
England and Wales
Employment
Updated: 27 January 2022; Ref: scu.572669
