Z v Y (unfair dismissal : discrimination)  UKEAT 0169/20/2503
Appeal where the claimant asserted that the Tribunal was wrong to conclude that she was not unfairly constructively dismissed and had failed to consider the issue of a continuing act of discrimination. Appeal allowed.
The claimant had raised a grievance relating to bullying, as a result of which she took a long period of sickness absence from work. The employers decided she could not return to her post with the fire and rescue service but she took up another role in IT support.
In this judgment, John Bowers QC, sitting as a Deputy High Court judge, considers the two issues distinctly. On the issue of constructive dismissal he concludes, after reviewing the relevant case law, in particular that of Hogg v Dover College, that the ET had erred in stating that as the claimant had not resigned and did not leave the employer there could be no dismissal whereas it is only one of the factors to consider. On the continuing act point, he finds that the ET had not addressed the point, though accepting it did not have to stick slavishly to a list of issues. He, therefore, remitted both issues back to the ET for reconsideration.
Published: 15/08/2021 12:20