The Leeds Dental Team Ltd v Rose: EAT 27 Sep 2013

EAT Unfair Dismissal : Dismissal or Ambiguous Resignation – Constructive dismissal
Procedural fairness/automatically unfair dismissal
The Employment Tribunal found that the Claimant had been constructively dismissed. The Respondents put forward 2 broad grounds of appeal.
The first was that the decision of the Court of Appeal in Tullett Prebon (2011 IRLR 420) had changed the law and required the Tribunal in a constructive dismissal case in which reliance was placed on the implied term of trust and confidence to find whether the employer had a subjective intention to act in such a way as to permit the employee to terminate the contract. This submission was rejected. On a proper reading of the judgments in Tullett Prebon, the Court was not departing from the now long established principle set out in Woods v WM Car Services, Lewis v Motorworld and Malik v BCCI but was reinforcing it.
The second was perversity. Held that perversity had not been demonstrated

Jeffrey Burke QC
[2013] UKEAT 0016 – 13 – 2709
Bailii
England and Wales

Employment

Updated: 21 November 2021; Ref: scu.516031