Source: All England Reporter
Publisher Citation: [2009] All ER (D) 100 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC, Mr M Clancy and Mr B Warman
Representation The employee appeared in person.
  Richard Hignett (instructed by Weightmans LLP) for the employer.
Judgment Dates: 16 March 2009

Catchwords

Unfair dismissal - Constructive dismissal - Test to be applied in determining whether employee constructively dismissed - Breach of contract entitling employee to treat contract as terminated - Employment tribunal finding employee fairly constructively dismissed - Whether tribunal erring.

The Case

Unfair dismissal Constructive dismissal. Employment Appeal Tribunal: An appeal against a decision of the employment tribunal dismissing the employer's claim for constructive unfair dismissal was allowed. The approach of the tribunal had casted doubt upon the simple question that the tribunal had been required to answer which was: did the whole of the events, whether breaches of contract or something lesser, constitute, in aggregate, repudiation of the contract of employment.

Practice Areas

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