Logan v Celyn House Limited
Decision Number:
Published on: 07/09/2012
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Background
The claimant resigned following a grievance decision with which she was unhappy. The grievance involved alleged bullying, which the Employment Tribunal found was a figment of her imagination, and a failure to pay contractual sick pay, which the Tribunal found was a repudiatory breach of contract. The Tribunal rejected her claim for constructive dismissal, as it considered that the principal reason for her resignation was the rejection of her bullying claim and not the failure to pay contractual sick pay. The claimant‟s appeal was successful. Applying Meikle v Nottinghamshire County Council[2005] ICR 1, the EAT found that the Tribunal was wrong to consider whether only her principal reason for resignation could justify the claimant ending her contract and claiming constructive dismissal. As long as the claimant could show that the repudiatory breach was one of the reasons for her resignation, she did not need to show that it was the main reason for it.http://bit.ly/SxcA5T
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The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 07/09/2012
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