The Claimant was a surgeon who was asked to step down from his clinical role pending an investigation into his behaviour towards colleagues. He eventually resigned and claimed constructive dismissal citing the Respondent’s conduct in seriously damaging the term of trust and confidence between them, and criticised the Respondent for never having provided a formal reason for his exclusion from his clinical role and for denying him an appeal against his exclusion. The ET ruled in his favour, concluding amongst other things that the Respondent had failed to carry out a full and proper investigation into the allegations regarding the Claimant’s behaviour. The Respondent appealed.

The EAT allowed the appeal. While the EJ had directed himself correctly on the law concerning constructive unfair dismissal, he failed to apply the law correctly when analysing whether there had been breaches of contract. His reasons were also, in parts, insufficient. Some of his conclusions were also perverse.