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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 31/05/2018

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.

View all articles by John Taggart BL