Bailey v. Alexander House Agencies Ltd [2011] UKEAT 0181_10_1602 (16 February 2011)

Bailey v. Alexander House Agencies Ltd [2011] UKEAT 0181_10_1602 (16 February 2011)

The Tribunal erred in law by making a perverse finding that the Respondent took prompt action and by focusing on the immediate cause of resignation rather than whether the employer's breach was an effective cause. The Respondent's failure to act on the Claimant's complaint and grievance constituted a fundamental breach of contract, and the Claimant resigned in response to that breach.

Citation
[2011] UKEAT 0181_10_1602
Parties
Appellant/claimant: Mrs Lisa Bailey; Respondent/employer: Alexander House Agencies Limited
Jurisdiction
United Kingdom
Judgment Date
16 February 2011
Procedural Posture
Employment Appeal / Appeal Judgment Substituting Finding of Constructive and Unfair Dismissal; Remitted for Remedies Determination
Outcome
Appeal allowed; finding of constructive and unfair dismissal substituted; remitted for remedies determination.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Employer's Duty to Investigate Grievances
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Employer's Duty to Investigate Grievances

Case Brief

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Parties

Mrs Lisa Bailey

Appellant/claimant

Alexander House Agencies Limited

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Judgment Substituting Finding of Constructive and Unfair Dismissal; Remitted for Remedies Determination

Legal Issues

  1. 1 Whether the Respondent committed a fundamental breach of contract by failing to take effective action after the Claimant's complaint of threats and by failing to address her grievance
  2. 2 Whether the Claimant resigned in response to the Respondent's breach

Ratio Decidendi

The Tribunal erred in law by making a perverse finding that the Respondent took prompt action and by focusing on the immediate cause of resignation rather than whether the employer's breach was an effective cause. The Respondent's failure to act on the Claimant's complaint and grievance constituted a fundamental breach of contract, and the Claimant resigned in response to that breach.

Court Disposition

Appeal allowed; finding of constructive and unfair dismissal substituted; remitted for remedies determination.

Orders

  • Claimant to lodge Schedule of Financial Loss within 21 days.
  • Respondent to lodge Counter-Schedule within 21 days thereafter.