UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Case Management
The Appellant, a litigant in person, claimed in her ET1 that she had been unfairly dismissed ‘(including constructive dismissal)’. The particulars attached to the ET1 apparently described a constructive dismissal claim. At a Case Management Hearing, she said that she had not resigned, a position which she maintained in correspondence during the litigation. The list of issues from the Case Management Hearing recorded that she had said that she had not resigned, and that the issues, in short, were whether she had resigned (the Respondent’s position) or had been dismissed (her position). At the start of the substantive hearing, the Employment Tribunal (‘the ET’) confirmed with the parties that they agreed with the list of issues. They did. The ET found that the Appellant had resigned, and had not been dismissed. Her claim therefore failed. She was given leave to appeal on the basis that it was arguable that the ET should have considered her constructive dismissal claim. The Employment Appeal Tribunal held that, on the facts, the ET could not be criticised for not deciding the potential unfair dismissal claim. Such a claim was inconsistent with her position during the litigation, and inconsistent with the evidence she gave to the ET.
Judges:
Laing DBE J
Citations:
[2019] UKEAT 0140 – 18 – 2803
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.639325