Mbuisa v Cygnet Healthcare Ltd [2019] UKEAT 0119_18_0703 (7 March 2019)

Mbuisa v Cygnet Healthcare Ltd [2019] UKEAT 0119_18_0703 (7 March 2019)

The Employment Tribunal erred in striking out the claim as it misunderstood the claimant's case and failed to consider that the respondent's inaction, following the claimant's health and safety complaints, could amount to a constructive dismissal for a reason falling under section 100 ERA. The claim had a reasonable prospect of success if properly pleaded, and striking out was inappropriate.

Citation
[2019] UKEAT 0119_18_0703
Parties
Appellant/claimant: Vusumzi Mbuisa; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
07 March 2019
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Striking Out of Claim
Outcome
Appeal allowed; strike out set aside; claim remitted to Employment Tribunal for reconsideration.
Legal Topics
Constructive Dismissal, Automatic Unfair Dismissal, Health and Safety at Work, Employment Rights Act 1996 Section 100, Striking Out Procedure
Employment Law Constructive Dismissal Automatic Unfair Dismissal Health and Safety at Work Employment Rights Act 1996 Section 100 Striking Out Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Vusumzi Mbuisa

Appellant/claimant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Striking Out of Claim

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claim of automatic unfair constructive dismissal under section 100 Employment Rights Act 1996
  2. 2 Whether the claimant's pleaded case disclosed a reasonable prospect of success under section 100 ERA
  3. 3 Whether the Tribunal failed to consider alternatives to striking out, such as amendment

Ratio Decidendi

The Employment Tribunal erred in striking out the claim as it misunderstood the claimant's case and failed to consider that the respondent's inaction, following the claimant's health and safety complaints, could amount to a constructive dismissal for a reason falling under section 100 ERA. The claim had a reasonable prospect of success if properly pleaded, and striking out was inappropriate.

Court Disposition

Appeal allowed; strike out set aside; claim remitted to Employment Tribunal for reconsideration.

Orders

  • The claim of automatic constructive unfair dismissal for health and safety reasons under section 100 ERA is remitted to the Employment Tribunal for consideration with the remaining claims.