Saunders v. Department for Work and Pensions - Child Support Agency [2009] UKEAT 0052_09_1409 (14 September 2009)

Saunders v. Department for Work and Pensions - Child Support Agency [2009] UKEAT 0052_09_1409 (14 September 2009)

The Tribunal erred by failing to add the finding of unlawful discrimination to the preceding conduct when assessing constructive dismissal and by misconstruing the resignation letter as equivocal when it was unequivocal except for procedural requirements.

Citation
[2009] UKEAT 0052_09_1409
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 September 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Disability Discrimination, Final Straw Doctrine, Resignation Letter Interpretation
Employment Law Discrimination Law Constructive Dismissal Disability Discrimination Final Straw Doctrine Resignation Letter Interpretation

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the 'final straw' doctrine in constructive dismissal
  2. 2 Whether the Claimant's resignation letter was unequivocal acceptance of repudiation

Ratio Decidendi

The Tribunal erred by failing to add the finding of unlawful discrimination to the preceding conduct when assessing constructive dismissal and by misconstruing the resignation letter as equivocal when it was unequivocal except for procedural requirements.

Court Disposition

appeal allowed

Orders

  • constructive dismissal claim remitted to same Employment Tribunal for reconsideration
  • Claimant's application for costs refused