||All England Reporter
|| All ER (D) 12 (Jan)
|| EWCA Civ 2205
||Court of Appeal, Civil Division
Underhill and King LJJ and Hildyard J
||Daphne Romney QC and Dee Masters (instructed by Leigh Day) for the employee.
||Suzanne Mckie QC and Deshpal Panesar (instructed by Wedlake Bell) for WNS.
||20 December 2017
Employment - Wrongful dismissal - Summary dismissal
Employment Wrongful dismissal. An employer's discriminatory treatment of an employee had not been such as to permit the employee to refuse to work. The Court of Appeal, Civil Division, in dismissing the employee's appeal, held that the Employment Tribunal had been correct to dismiss the employee's wrongful dismissal claim in circumstances where in his return to work from an extended period of illness the employee refused to work unless his previous role was established in full. In the circumstances of the case, the employee had been guilty of gross misconduct.
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