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England and Wales decisions
Decisions matching the current search
The EAT dismissed an appeal against strike out of an employment claim for failure to actively pursue it, holding the tribunal applied the correct two-stage approach.
The claimant made protected disclosures in the public interest regarding the second respondent’s conduct. The respondents subjected her to detriments, including exclusion, denial of access to materials, and engineered her exit, all materially influenced by her protected disclosures. The respondents’ conduct breached the implied term of trust and confidence, entitling the claimant to resign. Her resignation was a constructive dismissal, which was both unfair and automatically unfair under s.103A ERA as the principal reason was her protected disclosures.
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The Employment Tribunal did not err in law; the employer's actions were permitted by express contractual terms, and no case was made for implied variation. Suspension and relocation decisions were justified and adequately reasoned. No breach of the implied term of trust and confidence was established.
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The Employment Appeal Tribunal dismissed an appeal challenging the tribunal’s credibility assessment, holding there was no inflexible rule or error of law.
The Employment Judge found no evidence of procedural irregularity, bias, or breach of trust and confidence in the grievance process. The managers involved were of appropriate seniority, and there was no breach of contract or error of law. The appeal was dismissed as the appellant failed to establish grounds for constructive dismissal.
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The Employment Appeal Tribunal dismissed Ms Nunn’s appeal, holding the tribunal was entitled to find alleged sexual harassment was not unwanted and had no proscribed effect.
The Employment Tribunal correctly applied an objective test to the facts, did not take into account irrelevant considerations, did not misdirect itself in law, and did not fail to consider relevant factors; the employer's conduct, though flawed and biased in grievance handling, was not sufficiently serious to amount to a repudiatory breach of the implied term of trust and confidence, and thus did not justify constructive dismissal.
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The tribunal erred in failing to properly consider findings of breaches of the ACAS Code, in its approach to causation and mitigation of loss for Ms B, and in calculating loss of earnings based on an annual rather than quarterly bonus. The tribunal's approach to Mr A's loss period was unclear. These issues require remission for fresh consideration by a differently constituted tribunal.
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The tribunal erred in law by failing to consider the claimant's explanation regarding the confusion caused by the procedural history and by not providing adequate reasons for its finding on reasonable practicability. The claimant did proffer an explanation, and the tribunal's reasoning was insufficient to support its conclusion. The matter is remitted for reconsideration of reasonable practicability.
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The Employment Tribunal rejected an illegality defence and upheld claims for wages, notice pay, automatic unfair dismissal, holiday pay, and some statutory failures.
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