Lambert v Liverpool City Council [1997] UKEAT 488_97_1709 (17 September 1997)

Lambert v Liverpool City Council [1997] UKEAT 488_97_1709 (17 September 1997)

It is at least arguable that the Industrial Tribunal should not have excluded from its enquiry the circumstances of the employer's original action (redeployment) that set the chain of events in motion, especially where the employee pursued internal procedures before dismissal.

Citation
[1997] UKEAT 488_97_1709
Parties
Appellant: Mr Lambert
Jurisdiction
United Kingdom
Judgment Date
17 September 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal to proceed to full hearing
Legal Topics
Constructive Dismissal, Internal Grievance Procedures, Tribunal Procedure
Employment Law Constructive Dismissal Internal Grievance Procedures Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Lambert

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in excluding consideration of the circumstances of Mr Lambert's redeployment and related complaints as irrelevant to the dismissal claim.
  2. 2 Whether pursuing internal grievance procedures before resignation prejudices an employee's right to claim constructive dismissal.

Ratio Decidendi

It is at least arguable that the Industrial Tribunal should not have excluded from its enquiry the circumstances of the employer's original action (redeployment) that set the chain of events in motion, especially where the employee pursued internal procedures before dismissal.

Court Disposition

Appeal to proceed to full hearing

Orders

  • Appeal directed to proceed to a full hearing for consideration of the arguable issue identified.