EAT Unfair Dismissal : Constructive Dismissal – The Claimant resigned in response to a grievance decision which she found unsatisfactory. The grievance had involved a number of matters, including alleged bullying (which the Employment Tribunal found was a figment of her imagination) and a failure to pay contractual sick pay (which the Employment Tribunal had found was a repudiatory breach of contract). The Employment Tribunal found that the principal reason for the resignation was the alleged bullying and not the sick pay matter and rejected a claim of constructive dismissal.
The appeal succeeded: applying the Meikle case [2005] ICR 1 it was clear that the Employment Tribunal had been wrong to look for the ‘principal reason’.
There were sufficiently clear findings of fact in the remainder of the judgement for the EAT to find that a reason for the resignation was the sick pay matter and to substitute a finding of unfair constructive dismissal.
Judges:
Shanks J
Citations:
[2012] UKEAT 0069 – 12 – 1907
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464250