Kaur v Leeds Teaching Hospitals NHS Trust [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 978
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline
Issues covered: Unfair Dismissal; Constructive Dismissal; Last Straw; Continuing Series of Acts

The claimant encountered problems with several colleagues whom she felt were bullying her, although no action was taken. Later, an ‘altercation’ took place with a colleague and the claimant went off sick. After an investigation, disciplinary proceedings were brought against both and final written warnings were given for "inappropriate behaviour". After an unsuccessful appeal, the claimant resigned stating that the incident with her colleague was the "final straw". She argued a fundamental breach of the implied term of trust and confidence.

The ET dismissed the claim, as the trigger for the resignation was the dismissal of her appeal. The disciplinary process, and its outcome, were deemed

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This article is correct at 31/05/2018
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.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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