EAT UNFAIR DISMISSAL – Constructive dismissal
The Respondent dismissed the Claimant in May 2008. She appealed and was reinstated in October 2008. The Respondent imposed conditions of retraining before her return to work, after an absence of two years. The Claimant claimed constructive unfair dismissal as a result of the dismissal and the subsequent conditions. The Employment Tribunal would have held she was unfairly and wrongfully dismissed in May 2008 but she accepted a new contract. She waived her right to add the May breaches to other matters and complain of constructive dismissal by the last straw.
The EAT held the correct construction of the reinstatement letter was she was reinstated to the status of employee but her reintroduction to a particular role in the workplace was subject to retraining. She did not have to accept a new contract for the old contract was revived. She was then entitled to add the subsequent conduct of the Respondent to the May breaches and claim constructive dismissal in December 2008. She had not waived her entitlement nor affirmed the contract after the wrongful dismissal by raising issues as to her retraining programme or the fact that back pay and current pay went into her bank account. The Claimant was constructively dismissed. Unfairness and any remedy remitted to the Employment Tribunal.
Judges:
McMullen QC J
Citations:
[2013] UKEAT 0247 – 12 – 2509
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.473022
