Appeal against dismissal of constructive unfair and discriminatory dismissal claims.

The claimant had been a long serving employee but in August 2018, a few months after the business had been taken over by the respondent, she went on sick leave after being diagnosed with cancer. Under the new business she had been given the title of Head of Installations but while on sick leave another employee, who had told the respondent the claimant was intending to resign, was given the same title though the claimant was reassured there was no demotion. The claimant raised a grievance but this was not resolved satisfactorily until she discovered in August 2019 her name had been removed from the organisation charts in November 2018 and she resigned in September 2019. At the ET several claims were dismissed including those for disability discrimination - the ET felt the claimant had not been treated differently because of her disability (cancer) - and for constructive dismissal as the ET decided broadly she had not been demoted.

The claimant appealed on several grounds including that the ET had not adequately explained their reasons for why when she had been misled it was not a repudiatory breach and had misapplied the law on constructive dismissal. Judge Keith broadly agreed with the claimant and allowed the appeal, remitting the matter to a new tribunal as the original one had 'made a clear decision in relation to the dismissal claims, even if its reasons for doing so were not adequate'.