Mervyn v BW Controls Ltd [2020]
Decision Number: [2020] EWCA Civ 393 Legal Body: Court of Appeal (England and Wales)
Published on: 15/07/2019
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Mervyn
Respondent:
BW Controls Ltd
Summary

The Court of Appeal held that tribunals must ensure the list of issues properly reflects the case, particularly for litigants in person, and remitted a claim to consider both unfair dismissal and constructive unfair dismissal where the claimant’s resignation clearly raised that issue.

Background

The claimant had worked for the respondent company for over 10 years and after a series of events culminating in the claimant being accused of lying, she left the employment.  The claimant was a litigant in person and in completing the ET1 form stated that she had been unfairly dismissed ‘(including constructive dismissal)’. Furthermore, the particulars attached to the ET1 described a claim of constructive dismissal and she had stated at CMD that she

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Disclaimer 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 15/07/2019