Mervyn v BW Controls Ltd [2020]

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