EAT UNFAIR DISMISSAL
Constructive dismissal
Reasonableness of dismissal
Claimant – a radio control operator for a taxi company – resigned when her hours were reduced. Tribunal held she was not unfairly constructively dismissed. Although the reduction in her hours was a fundamental breach of contract, it was justified in circumstances where competition from another taxi cab operator had led to a downturn in business. There was no question of redundancy since, although the Respondent’s need to have the Claimant (and another employee) work as many hours as before, there was no reduction in their need for employees to work as radio control operators. Appeal on grounds that Tribunal should have found that the Claimant was in a redundancy situation dismissed.
Judges:
Hon Lady Smith
Citations:
[2012] UKEAT 0001 – 12 – 1506
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.462927