Symonds (t/a Symonds Solicitors) v Redmond-Ord (Unfair Dismissal : Constructive dismissal) [2013] UKEAT 0145_13_2210 (22 October 2013)

Symonds (t/a Symonds Solicitors) v Redmond-Ord (Unfair Dismissal : Constructive dismissal) [2013] UKEAT 0145_13_2210 (22 October 2013)

The Tribunal did not err in law by refusing to entertain a review on the question of the start date for loss, and the application to amend the notice of appeal to raise the Triggs point was refused as a legal technicality that would not serve substantial justice given the facts and procedural history.

Citation
[2013] UKEAT 0145_13_2210
Parties
Appellant/respondent Employer: Mr Martyn Symonds; Respondent/claimant Employee: Miss Stephanie Redmond-Ord
Jurisdiction
United Kingdom
Judgment Date
22 October 2013
Procedural Posture
Employment Appeal Tribunal Unfair Dismissal Appeal / Appeal From Employment Tribunal Judgment and Review Judgment
Outcome
Appeal dismissed; application to amend notice of appeal refused.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Compensation Calculation, Mitigation of Loss, Amendment of Appeal, Review Hearings
Employment Law Unfair Dismissal Constructive Dismissal Compensation Calculation Mitigation of Loss Amendment of Appeal Review Hearings

Case Brief

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Parties

Mr Martyn Symonds

Appellant/respondent Employer

Miss Stephanie Redmond-Ord

Respondent/claimant Employee

Procedural Posture

Employment Appeal Tribunal Unfair Dismissal Appeal / Appeal From Employment Tribunal Judgment and Review Judgment

Legal Issues

  1. 1 Whether compensation for constructive unfair dismissal should run from the date the employee was refused return to work or only from the date of resignation/dismissal
  2. 2 Whether the Tribunal erred in law by refusing to entertain a review on the question of the start date for loss
  3. 3 Whether the Tribunal erred in refusing to limit compensation to the period up to July 2010

Ratio Decidendi

The Tribunal did not err in law by refusing to entertain a review on the question of the start date for loss, and the application to amend the notice of appeal to raise the Triggs point was refused as a legal technicality that would not serve substantial justice given the facts and procedural history.

Court Disposition

Appeal dismissed; application to amend notice of appeal refused.

Orders

  • Appeal by Mr Symonds dismissed.
  • Permission to amend notice of appeal refused.