EAT Victimisation Discrimination : Detriment – Dismissal
The EAT upheld the Tribunal’s finding of unfair constructive dismissal, based on the misleading content of the letter in which the findings of an internal inquiry were conveyed to her. Following Buckland v Bournemouth University [2010] IRLR 445, it was common ground that the repudiatory breach at that stage was not cured by a subsequent appeal hearing. The EAT also upheld the Tribunal’s rejection of the protected disclosure claim, since the reason for the forced dismissal was not the making of the protected disclosure, but its handling by the school authorities. The EAT also commented on the need for employment judges to exercise control over the form of list of issues, even when agreed between the parties.
Judges:
Carnwath LJ
Citations:
[2011] UKEAT 0450 – 10 – 2710
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 September 2022; Ref: scu.447631
