Roberts v The Governing Body of Whitecross School [2012] UKEAT/0070/12/ZT
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Published on: 04/11/2015
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Background
The appellant employee appealed against an employment tribunal's decision that his resignation did not amount to constructive dismissal and so the respondent employer had not unfairly dismissed him. The appellant was a teacher who went on sick leave with stress and depression after allegations were made against him at work. The respondent decided to pay the appellant half pay rather than the full contractual sick pay for his absence because it mistakenlyinterpreted the Collective Agreement covering sick pay which was incorporated into the appellant‟s contract of employment. The respondent wrongly thought that the Collective Agreement covered only physical injuries and not mental injuries.The appellant resigned and claimed unfair constructive dismissal. The tribunal found that whilst the respondent had been
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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.
This article is correct at 04/11/2015
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