Wrong to look for primary cause of resignation

In Logan v Celyn House Ltd the EAT held that where there is more than one reason for a resignation

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.

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INCLUSION AND BELONGING – MEN BEHAVING BOLDLY – theHRDIRECTOR ISSUE 229 – NOVEMBER 2023 | ARTICLE OF THE WEEK

29 November 2023

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