EAT UNFAIR DISMISSAL: Constructive dismissal
In upholding the Claimant’s disability discrimination claim and dismissing her constructive dismissal claim, the Employment Tribunal misconstrued her letter of resignation, which was unequivocal save for invoking, as required, the grievance procedure, and failed to add the preceding conduct to the final straw. Omilaju applied, Norwest Holst distinguished.
Appeal allowed and constructive dismissal claim remitted to same Employment Tribunal.
Citations:
[2009] UKEAT 0052 – 09 – 1409
Links:
Citing:
Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 August 2022; Ref: scu.376156
