Bunning v G T Bunning & Sons Ltd

Bunning v G T Bunning & Sons Ltd

The Employment Tribunal did not err in law in finding that, although there were breaches of health and safety regulations amounting to discrimination, the appellant was not constructively dismissed because she accepted alternative work, thereby waiving past breaches, and her resignation was not causally linked to any fundamental breach at the time of resignation.

Parties
Appellant/applicant: Suzanne Bunning; Respondent: G T Bunning & Sons Ltd
Jurisdiction
England and Wales
Judgment Date
27 July 2005
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Pregnancy Discrimination, Constructive Dismissal, Risk Assessment, Unfair Dismissal
Employment Law Discrimination Law Pregnancy Discrimination Constructive Dismissal Risk Assessment Unfair Dismissal

Case Brief

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Parties

Suzanne Bunning

Appellant/applicant

G T Bunning & Sons Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the respondent discriminated against the appellant on grounds of pregnancy
  2. 2 Whether the appellant was constructively dismissed

Ratio Decidendi

The Employment Tribunal did not err in law in finding that, although there were breaches of health and safety regulations amounting to discrimination, the appellant was not constructively dismissed because she accepted alternative work, thereby waiving past breaches, and her resignation was not causally linked to any fundamental breach at the time of resignation.

Court Disposition

appeal dismissed

Orders

  • Case remitted to the Employment Tribunal for a remedies hearing on discrimination
  • Recommendation for a directions hearing and consideration of mediation