Butler v Mellons Ltd & Anor (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0216_11_2110 (21 October 2011)

The Tribunal erred by conflating the legal tests for discrimination and breach of the implied term of trust and confidence, and by inadequately reasoning its decision on constructive dismissal and victimisation; the appeal is allowed and the relevant issues are remitted for reconsideration.

Citation: [2011] UKEAT 0216_11_2110
Parties: Appellant: Claimant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 21 October 2011
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Decision
Outcome: appeal allowed
Legal Topics: Constructive Dismissal, Disability Discrimination, Victimisation, Reasonable Adjustments, Harassment, Appellate Procedure

Employment Law Discrimination Law Constructive Dismissal Disability Discrimination Victimisation Reasonable Adjustments Harassment Appellate Procedure

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Parties

Claimant

Appellant

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

1 Whether the Employment Tribunal erred in conflating the tests for disability discrimination and breach of the implied term of trust and confidence in constructive dismissal
2 Whether the Tribunal failed to properly address the issue of victimisation
3 Whether the Tribunal's reasoning in dismissing the constructive unfair dismissal claim was legally adequate

Ratio Decidendi

Court Disposition

appeal allowed

Orders

matter remitted to the same Employment Tribunal for reconsideration of constructive unfair dismissal and victimisation issues
scope of remission limited to identified issues, not wider