Chindove v William Morrisons Supermarket Plc (Unfair Dismissal : Constructive dismissal) [2014] UKEAT 0201_13_2603 (26 March 2014)

Chindove v William Morrisons Supermarket Plc (Unfair Dismissal : Constructive dismissal) [2014] UKEAT 0201_13_2603 (26 March 2014)

The Employment Tribunal erred by failing to set out reasons for its conclusion that the resignation was too late for constructive dismissal and by not addressing the argument that discriminatory conduct was a continuing act, thus failing to resolve central issues and comply with procedural obligations.

Citation
[2014] UKEAT 0201_13_2603
Parties
Claimant: Mr Chindove; Respondent: Morrisons
Jurisdiction
United Kingdom
Judgment Date
26 March 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment and Refusal to Review
Outcome
Appeal allowed; original Tribunal decision set aside in part; case remitted for rehearing before a fresh Tribunal.
Legal Topics
Constructive Dismissal, Race Discrimination, Jurisdictional Time Limits, Appellate Procedure
Employment Law Equality Law Constructive Dismissal Race Discrimination Jurisdictional Time Limits Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Chindove

Claimant

Morrisons

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment and Refusal to Review

Legal Issues

  1. 1 Whether the claimant's resignation was timely for constructive dismissal
  2. 2 Whether there was a continuing act of race discrimination bringing the claim within time limits

Ratio Decidendi

The Employment Tribunal erred by failing to set out reasons for its conclusion that the resignation was too late for constructive dismissal and by not addressing the argument that discriminatory conduct was a continuing act, thus failing to resolve central issues and comply with procedural obligations.

Court Disposition

Appeal allowed; original Tribunal decision set aside in part; case remitted for rehearing before a fresh Tribunal.

Orders

  • Remit case for rehearing on identified issues before a fresh Tribunal
  • Original findings on other matters to stand unless affected by new findings