Mervyn v BW Controls Ltd [2020]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Constructive Dismissal; Unfair Dismissal; Pleadings

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 had not resigned.

At hearing, it was found by the Employment Tribunal that the claimant had resigned, especially on the basis that she had not argued the case for constructive dismissal in the ET1.  As a result, the claimant appealed

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This article is correct at 15/07/2019

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.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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