Source: All England Reporter
Publisher Citation: [2018] All ER (D) 12 (Jan)
Neutral Citation: [2017] EWCA Civ 2205
Court: Court of Appeal, Civil Division

Underhill and King LJJ and Hildyard J

Representation 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.
Judgment Dates: 20 December 2017


Employment - Wrongful dismissal - Summary dismissal

The Case

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.

Practice Areas

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