Driscoll v V&P Global Ltd & Another [2021]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Constructive Dismissal; Harassment

The claimant was employed as an executive assistant from April 2019. She was only in the job for approximately 4 months when she resigned. The basis for the resignation was alleged harassment that she had faced based upon race, sex and disability. The claimant argued that the harassment led to her resigning and it was constructive dismissal. 

The Tribunal, at first instance, stuck out the claim for constructive dismissal citing that the decision of Timothy James Consulting v Wilton had established that constructive dismissal could not amount to harassment. This was appealed to the EAT.   The basis for the decision in Timothy James Consulting was that

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This article is correct at 20/07/2021

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 jasondelliott@outlook.com

View all articles by Jason Elliott BL