Mervyn v BW Controls Ltd

Mervyn v BW Controls Ltd

It was necessary in the interests of justice for the tribunal to amend the list of issues to allow consideration of both ordinary unfair dismissal and constructive unfair dismissal as alternatives, given the pleadings and the fact that the Claimant was a litigant in person. The tribunal erred in failing to do so, and the constructive dismissal claim must be remitted for rehearing.

Parties
Appellant: Marion Mervyn; Respondent: BW Controls Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2020
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; case remitted for rehearing of constructive dismissal claim
Legal Topics
Unfair Dismissal, Constructive Dismissal, Case Management, Litigants in Person
Employment Law Unfair Dismissal Constructive Dismissal Case Management Litigants in Person

Case Brief

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Parties

Marion Mervyn

Appellant

BW Controls Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to consider the constructive dismissal claim or to ensure the litigant in person had advertently withdrawn it
  2. 2 Whether the list of issues should have been amended to include constructive dismissal as an alternative claim

Ratio Decidendi

It was necessary in the interests of justice for the tribunal to amend the list of issues to allow consideration of both ordinary unfair dismissal and constructive unfair dismissal as alternatives, given the pleadings and the fact that the Claimant was a litigant in person. The tribunal erred in failing to do so, and the constructive dismissal claim must be remitted for rehearing.

Court Disposition

Appeal allowed; case remitted for rehearing of constructive dismissal claim

Orders

  • The appeal is allowed.
  • The Appellant’s constructive dismissal claim is remitted for rehearing by an employment tribunal in accordance with paragraph 48 of the judgment.