The Claimant alleged that he had been wrongfully accused of fraud after it was found that payments had been made to him from the company. He resigned and claimed unfair constructive dismissal at the ET. The EJ found that on a balance of probabilities, the Respondent did not falsely allege that the Claimant had committed fraud, there was no breach of contract on the part of the Respondent and the Claimant had resigned - he had not been dismissed. The Claimant appealed.

The EAT dismissed the appeal. The EJ did not err in law in rejecting the Claimant's case that he had been constructively dismissed and in finding that the Claimant had been dishonest.