Achi v GMB and Morgan [2023] EAT 29

Appeal against dismissal of direct discrimination, victimisation and constructive dismissal claims.

The claimant was employed as a trade union official. After transferring to a new region, he received a written warning for lateness and had an application for release for external activities refused. In March 2017 he began a period of sick leave and raised grievances complaining of bullying and race discrimination. During these processes, the claimant’s sick pay was terminated in error two weeks early and so he resigned and issued claims relating to the grievance processes and for constructive dismissal.

The EAT dismissed the claims. Broadly, the victimisation claims had not properly been argued before the ET; their findings about the motivations of the officers deciding his grievance did not err in law; and the constructive dismissal claim fell away in the light of the ET’s finding rejecting the claimed last straw.

Published: 20/03/2023 15:53

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