Price v Surrey County Council & Anor (Victimisation Discrimination : Detriment) [2011] UKEAT 0450_10_2710 (27 October 2011)

Price v Surrey County Council & Anor (Victimisation Discrimination : Detriment) [2011] UKEAT 0450_10_2710 (27 October 2011)

The Tribunal was entitled to find that the misleading communication of the investigation's findings to Mrs Price, stating there was 'no evidence' to substantiate her allegations when there was substantial evidence, constituted a fundamental breach of the implied term of trust and confidence, justifying her resignation as a constructive dismissal. The reason for her resignation was not the making of the protected disclosure, but the employer's handling of her complaint. The appeal and cross-appeal were dismissed, upholding the Tribunal's findings.

Citation
[2011] UKEAT 0450_10_2710
Parties
Appellant/claimant: Mrs Price; Respondents: Surrey County Council and Wood Street School Governing Body
Jurisdiction
United Kingdom
Judgment Date
27 October 2011
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Employment Tribunal / Appeal Judgment
Outcome
Both appeal and cross-appeal dismissed; Tribunal's order affirmed.
Legal Topics
Unfair Constructive Dismissal, Victimisation, Protected Disclosure (whistleblowing), Detriment, Employment Rights Act 1996
Employment Law Unfair Constructive Dismissal Victimisation Protected Disclosure (whistleblowing) Detriment Employment Rights Act 1996

Case Brief

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Parties

Mrs Price

Appellant/claimant

Surrey County Council and Wood Street School Governing Body

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Employment Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly constructively dismissed
  2. 2 Whether the claimant suffered detriment for making a protected disclosure under the Employment Rights Act 1996
  3. 3 Whether the employer breached the implied term of trust and confidence

Ratio Decidendi

The Tribunal was entitled to find that the misleading communication of the investigation's findings to Mrs Price, stating there was 'no evidence' to substantiate her allegations when there was substantial evidence, constituted a fundamental breach of the implied term of trust and confidence, justifying her resignation as a constructive dismissal. The reason for her resignation was not the making of the protected disclosure, but the employer's handling of her complaint. The appeal and cross-appeal were dismissed, upholding the Tribunal's findings.

Court Disposition

Both appeal and cross-appeal dismissed; Tribunal's order affirmed.