Conry v Worcestershire Hospital Acute NHS Trust UKEAT/0093/17/LA
Appeal against the dismissal of the Claimant's claim of unfair constructive dismissal and harassment. Appeal allowed.
The Claimant, who was disabled, resigned following an office reorganisation which greatly exacerbated her difficulties and she claimed constructive unfair dismissal and harassment at the ET. The ET dismissed her claims and she appealed saying that the ET had taken the wrong legal approach in its assessment of that reorganisation, failing properly to consider whether the overall circumstances of the reorganisation amounted to a fundamental breach of contract entitling her to resign and/or to unlawful harassment on disability grounds.
The EAT allowed the appeal. Having made relevant findings about the events of a mishandled office reorganisation and its consequences for the disabled Claimant, the ET failed in error of law to consider and address these findings when dealing with the Claimant's claims for constructive dismissal and unlawful harassment.
Published: 05/12/2017 10:26