The school appealed against a finding that it had constructively dismissed the claimant. The claimant had refused an order to dismiss a staff member for profound bilateral deafness, saying that that would be unlawful. He had left rather than obey an unlawful order. The school had denied that it had given such an order.
Held: Before use of the Burns/Barke procedure, the EAT should correctly identify the point of inadequacy, and in this case, the ET chairman had taken the matter further than the Burns/Barke reference required. It was not his function to defend his earlier decision. The ET had a proper evidential basis for rejecting the school’s description of the reasons for resignation. (Rimer LJ dissenting)
Mummery, Rimer, Sullivan LJJ
[2009] EWCA Civ 91
Bailii
England and Wales
Citing:
Appeal from – Woodhouse School v Webster EAT 24-Apr-2008
EAT Unfair dismissal – Constructive dismissal
Practice and Procedure – Perversity – Bias, misconduct, and procedural irregularity
ET finding of fact, critical to conclusion on Constructive Dismissal, . .
Cited – Burns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc), Humphrey EAT 14-Jan-2004
The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims . .
Cited – Barke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
Cited – Judge v Crown Leisure Limited EAT 28-Sep-2004
EAT The ET correctly found that a conversation between the Applicant and his manager at the office Christmas dance did not amount to an enforceable promise to increase pay, but were words of comfort. The claimant . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 November 2021; Ref: scu.293911