At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE ELIAS (PRESIDENT)
MR A HARRIS
MR D SMITH
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING – APPELLANT ONLY
For the Appellant | MR MURRAY SHANKS (of Counsel) Instructed by: Messrs Lemon & Co Solicitors 34 Regent Circus SWINDON SN1 1PY |
For the Respondent | MISS ANNA GEORGE (of Counsel) Instructed by: Messrs Beachcroft LLP Solicitors 10-22 Victoria Street BRISTOL Avon BS99 7UD |
SUMMARY
Practice and Procedure: Appellate jurisdiction/reasons/Burns-Barke
The Employment Tribunal rejected a claim for constructive dismissal, finding that there had been no breach of the duty of trust and confidence relied upon. Grounds of appeal were advanced which the EAT concluded had not been advanced below and which the claimant should not be entitled to run now. In any event they felt that the new way of advancing the case would have been bound to fail.
THE HONOURABLE MR JUSTICE ELIAS (PRESIDENT)
"Jenny thumped me on my back and on my shoulder and pushed me over. I was asleep. She told me to stay there until I had had a cup of tea. It was five o'clock time and I said I could not get over any further. When she was pushing and thumping me I wasn't very happy about it at the time. When Sandra came in she said I'm not going to have an argument with her. She'll do it her way no matter what you say to her."
"The reason for my resignation is the way I have been treated by [the Trust] over the past 21 months as I have set out in meetings and correspondence with the Trust."
The Tribunal's conclusions.
"The claimant contends that there were serious flaws throughout the whole process including a period of time in July to mid August 2005 when her pay was suspended and that the conduct of the respondent amounted to a breach of the implied term of mutual trust and confidence which entitled her to resign and treat herself as dismissed."
The grounds of appeal
Conclusions
Disposal.