Source: All England Reporter
Publisher Citation: [2003] All ER (D) 27 (Mar)
Court: Employment Appeal Tribunal

Judge Burke QC, Mr P Parker and Mr G Wright

Representation John Falkenstein (instructed by T F Greenshields, Sunderland) for the employees.
  Raoul Downey (instructed by Rayner de Wolfe) for the company.
Judgment Dates: 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 Case

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.

Practice Areas

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