||All England Reporter
|| All ER (D) 27 (Mar)
||Employment Appeal Tribunal
Judge Burke QC, Mr P Parker and Mr G Wright
||John Falkenstein (instructed by T F Greenshields, Sunderland) for the employees.
||Raoul Downey (instructed by Rayner de Wolfe) for the company.
||13 February 2003
Employment - Unfair dismissal - Constructive dismissal - Conduct entitling employee to resign - First employee contributing to his dismissal - Mitigation of loss - s 123(6).
The employees' appeals against the decisions of the employment tribunal would be allowed since the tribunal had erred in concluding that the first employee had contributed to his dismissal to the extent of 40% and that both employees had failed to take reasonable steps to mitigate their loss.
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