O’Shea v Coventry City Council: EAT 11 Feb 2005

EAT Applicant resigned ahead of disciplinary hearing. He asserted constructive dismissal. Employment Tribunal held he resigned in expectation of good reference enabling him to take another job. On appeal he contended (1) The Employment Tribunal had failed to look at the overall picture of the employer’s conduct towards him. (2) Certain findings of fact were perverse. (3) The Employment Tribunal erred in law in concluding the employer’s conduct was not causative of his resignation.
Held: (1) The Employment Tribunal had looked at the overall picture. (2) The findings of fact were not perverse. (3) The Employment Tribunal made findings of fact as to the cause of his resignation.

Judges:

Reid QC J

Citations:

[2005] UKEAT 0046 – 04 – 1102

Links:

Bailii

Citing:

CitedLondon Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 29 June 2022; Ref: scu.223094