EAT UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Perversity
Finding of fact contrary to agreed evidence leading to Employment Tribunal preferring Claimant’s evidence to that of Respondent on central factual issue on which finding of constructive unfair dismissal.
Applying Piggott v Jackson, per Lord Donaldson MR, [1992] ICR 85, 92D, appeal allowed and case remitted to fresh Employment Tribunal for re-hearing.
Judges:
Peter Clark J
Citations:
[2011] UKEAT 0028 – 11 – 1006
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Piggott Brothers and Co Ltd v Jackson CA 1992
The court asked under what circumstances an appellate court could interfere with the decision of a lower court in employment cases: ‘What matters is whether the decision under appeal was a permissible option. To answer that question in the negative . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 September 2022; Ref: scu.441837