Source: All England Reporter
Publisher Citation: [2013] All ER (D) 280 (May)
Court: Employment Appeal Tribunal

Judge Mc Mullen QC, Ms G Mills and Mr T Stanworth

Representation David McIlroy (instructed by Barker Gillette LLP) for the employee.
  Betsan Criddle (instructed by Capsticks Solicitors LLP) for the employer.
Judgment Dates: 25 April 2013


Employment - Unfair dismissal - Constructive dismissal - Employee nurse working with primary care trust - Employee being dismissed as a result of criticisms made against her - Dismissal subsequently rescinded with conditions - Employee resigning and claiming constructive unfair dismissal - Employment tribunal finding employee not unfairly dismissed - Whether tribunal erring - , , , .

The Case

Employment Unfair dismissal. The Employment Appeal Tribunal held that a nurse who had been dismissed by her employer, but following an internal appeal had been reinstated with certain conditions imposed on her employment had been constructively dismissed. The matter would be remitted to the employment tribunal for reconsideration.

Practice Areas

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