The Claimant resigned after his employer’s failure to thoroughly investigate a grievance he had brought. He brought a claim for unfair constructive dismissal saying that the grievance process was fraught with procedural irregularity and bias. His claim was dismissed, the ET finding that there was no evidence of either procedural irregularity or bias, nor did the ET find that there was any breach of trust and confidence in the way in which the grievance procedure was conducted. The Claimant appealed.

The EAT dismissed the appeal. The ET decided, as a matter of fact, that there was no breach of contract by the Respondents such that the Claimant was entitled to resign and claim constructive dismissal, and that decision was not based on any error of law and was certainly not perverse.