In Logan v Celyn House Ltd the EAT held that where there is more than one reason for a resignation in a constructive dismissal claim it is wrong for a tribunal to seek to indentify the principal reason. The key question is did any of the reasons causing the employee to resign relate to a breach of contract? Here the tribunal had erred in rejecting the claim because they identified the primary reason for resignation as an allegation of bullying, which they did not consider a breach. The claimant had also resigned because of a failure to pay contractual sick pay, and that was sufficient for a finding of a fundamental breach of contract to be made.
Wrong to look for primary cause of resignation
Article by: Viola Lloyd |