EAT UNFAIR DISMISSAL: Constructive dismissal
The Claimant was employed by the Respondent in a position involving child protection. He failed to comply with procedures laid down by the Respondent and the Respondent therefore laid down certain performance requirements which the Employment Tribunal considered were put in place to ensure the Claimant’s further compliance with proper procedures. In those circumstances the EAT reversed the finding of the majority of the Employment Tribunal that the imposition of those performance requirements amounted to a disciplinary sanction and constituted a repudiatory breach of contract.
The EAT also allowed the Respondent’s appeal against the finding by the majority of the Employment Tribunal that it was in repudiatory breach of contract by not complying strictly with a grievance procedure.
Judges:
Serota QC J
Citations:
[2010] UKEAT 0553 – 08 – 0701
Links:
Employment
Updated: 13 August 2022; Ref: scu.392835
