norris_dawleyEAT2008
EAT UNFAIR DISMISSAL: Constructive dismissal
1. The claimant was employed by the respondent from 5 April 2006 until February 2007 when she resigned. She had been allowed to work for one day each week at her home until the respondent unilaterally required her to work solely at the Parish Office
2. The Employment Tribunal held that this was not a repudiatory breach and relied on the fact that there had been many other consensual changes to her contract.
3. The claimant appealed
4. Issue was whether ‘the requirement to require the claimant to work all hours in the Parish Office was a repudiatory breach, which when accepted, constituted a constructive dismissal’.
Held: It was a repudiatory breach because (a) in spite of many changes to her contact of employment, she had always been allowed to work for one day at home; (b) there was a substantial distance from the claimant’s home to where she worked and (c) it was clear that the right to work at home for one day each week was particularly important for her
Silber J
[2008] UKEAT 0266 – 08 – 0411
Bailii
Employment
Updated: 02 November 2021; Ref: scu.277407