The appellant had resigned after many years working weekdays in the defendants laundry. She was found to have been constructively dismissed, but that the employer had good reason within the section, in that their need included the need to have a service at weekends The respondents felt it would be unfair to seek someone who would work weekends and bank holidays only. The EAT ordered a rehearing, and the employer appealed on the basis that the EAT reasoning was unclear, and that they had rejected the respondent’s ethical reasoning. However the original tribunal was entitled to its own conclusion on this point, and the EAT was wrong to substitute its own.
Citations:
[1996] EWCA Civ 658
Statutes:
Employment Protection (Consolidation) Act 1978 57(1)(b)
Jurisdiction:
England and Wales
Employment
Updated: 12 April 2022; Ref: scu.140525