Symonds (t/a Symonds Solicitors) v Redmond -Ord (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0028_11_1006 (10 June 2011)

Symonds (t/a Symonds Solicitors) v Redmond -Ord (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0028_11_1006 (10 June 2011)

The Tribunal's finding that the Claimant did not mention Nepal at the meeting was contrary to the agreed evidence and central to the decision on constructive unfair dismissal; this constituted a material error requiring the appeal to be allowed and the case remitted for rehearing.

Citation
[2011] UKEAT 0028_11_1006
Parties
Claimant/respondent: Miss Stephanie Redmond-Ord; Respondent/appellant: Mr Symonds
Jurisdiction
United Kingdom
Judgment Date
10 June 2011
Procedural Posture
Employment Appeal / Appeal Against Finding of Constructive Unfair Dismissal and Remedy
Outcome
Appeal allowed; case remitted for rehearing before a fresh Employment Tribunal.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Perversity, Tribunal Procedure
Employment Law Unfair Dismissal Constructive Dismissal Perversity Tribunal Procedure

Case Brief

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Parties

Miss Stephanie Redmond-Ord

Claimant/respondent

Mr Symonds

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal Against Finding of Constructive Unfair Dismissal and Remedy

Legal Issues

  1. 1 Whether the Employment Tribunal made a material finding of fact contrary to agreed evidence
  2. 2 Whether the finding led to a perverse decision on constructive unfair dismissal

Ratio Decidendi

The Tribunal's finding that the Claimant did not mention Nepal at the meeting was contrary to the agreed evidence and central to the decision on constructive unfair dismissal; this constituted a material error requiring the appeal to be allowed and the case remitted for rehearing.

Court Disposition

Appeal allowed; case remitted for rehearing before a fresh Employment Tribunal.

Orders

  • The appeal is allowed.
  • The case is remitted to a fresh Employment Tribunal for full rehearing.