EAT UNFAIR DISMISSAL: Constructive dismissal
RACE DISCRIMINATION: Direct
Yemeni Claimant the subject of serious allegations by a fellow-employee – Allegations not substantiated – Claimant resigns as a result of employer’s hostility to his wish to pursue a grievance arising out of how the allegations against him and their aftermath were handled – Tribunal holds that employer’s conduct constituted a fundamental breach of the Malik term and that there was sufficient evidence to raise a prima facie case that it was on the grounds of his race.
Held: That there was sufficient evidence to justify both conclusions and that the Tribunal had been entitled to dismiss a further claim that the employer had given the Claimant insufficient support in the aftermath of the allegations.
As regards the constructive dismissal claim, the Tribunal had directed itself by reference to Fairbrother and Claridge, which had since been over-ruled by Buckland; but held that on the particular facts that was not fatal to its reasoning.
Judges:
Underhill J P
Citations:
[2010] UKEAT 0233 – 09 – 2903
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 August 2022; Ref: scu.408649