A Wainwright v Cennox PLC

A Wainwright v Cennox PLC

The ET erred by failing to adequately analyse whether discriminatory acts amounted to repudiatory breaches and whether they materially contributed to the appellant’s resignation, and by misapplying the legal tests for constructive dismissal.

Parties
Appellant: Ms A Wainwright; Respondent: Cennox PLC
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; matter remitted for reconsideration
Legal Topics
Disability Discrimination, Constructive Dismissal, Unfair Dismissal, Victimisation, Wrongful Dismissal
Employment Law Discrimination Law Disability Discrimination Constructive Dismissal Unfair Dismissal Victimisation Wrongful Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Ms A Wainwright

Appellant

Cennox PLC

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether acts of discrimination contrary to Section 15 Equality Act 2010 amounted to fundamental breaches of contract
  2. 2 Whether the appellant affirmed her contract after discriminatory acts
  3. 3 Whether breaches materially contributed to the appellant’s decision to resign

Ratio Decidendi

The ET erred by failing to adequately analyse whether discriminatory acts amounted to repudiatory breaches and whether they materially contributed to the appellant’s resignation, and by misapplying the legal tests for constructive dismissal.

Court Disposition

Appeal allowed; matter remitted for reconsideration

Orders

  • Remitted to a differently constituted Employment Tribunal for consideration of constructive unfair and discriminatory dismissal and wrongful dismissal claims
  • ET’s findings on direct discrimination, victimisation, and parts of Section 15 EqA claim preserved