Unfair Dismissal: Constructive Dismissal – Contributory fault
The Employment Judge found that the Claimant had been unfairly constructively dismissed by the Respondent employers but that his compensatory award should be reduced by 30% under section 123(6) of the Employment Rights Act 1996. The employers appealed against the finding of constructive dismissal and he cross-appealed against the 30% reduction. Appeal and cross-appeal allowed.
On the appeal, the Employment Judge failed properly to analyse the Claimant’s case that the employers’ course of conduct amounted to a repudiatory breach of the implied term as to trust and confidence or to remind herself of the law relating to such a case and failed to make a clear finding that a breach of that term had caused the Claimant to resign.
On the cross-appeal, it inevitably followed from the finding on the appeal that it should be allowed, but in any event the Employment Judge failed to remind herself that any conduct relied on under section 123(6) had to be blameworthy or culpable.
Shanks HHJ
[2015] UKEAT 0179 – 14 – 0902
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.547611