EAT UNFAIR DISMISSAL – Constructive dismissal
The Respondent employer refused to permit the Claimant employee to return to work at the agreed date; and the Claimant, after attempting unsuccessfully to pursue a grievance, resigned. The Tribunal found that she was constructively and unfairly dismissed and awarded her compensation which included her loss of earnings from the date at which she should have been permitted to return to work. The Respondent employer sought to amend the notice of appeal to argue that compensation should have run only from date of dismissal (see GAB Robins (UK) Limited v Triggs [2008] ICR 829). In the circumstances permission to amend was refused; there was no substance in the other point taken on appeal, which related to the length of the period of compensation; and the appeal was dismissed.
The Claimant had applied successfully to the Tribunal for a review to correct errors of calculation in her compensation. The Respondent employer sought to renew at the review hearing an argument that compensation should run only from the date of dismissal. The Tribunal refused to entertain that argument.
Held: in the circumstances the Tribunal did not err in law by refusing to entertain a review on the question.
David Richardson J
[2013] UKEAT 0145 – 13 – 2210
Bailii
England and Wales
Employment
Updated: 23 November 2021; Ref: scu.517226