Camden and Islington Mental Health and Social Care Trust v Atkinson UKEAT/0058/07
Resource type: Case report list
Status:
Published on 20-Aug-2007
Jurisdictions:
England, Scotland, Wales
In
Camden and Islington Mental Health and Social Care Trust UKEAT/0058/07 the EAT held that the employer's failure to lift a suspension was the reason for the employee's resignation.
In this case, the employee indicated to her employer in her resignation letter that she was retiring to look after her ill husband. However, the EAT found that although the letter from the employee indicating retirement was the vehicle for her resignation, the cause of the termination of her employment was in fact her continuing suspension, which was a fundamental breach of her contract. The EAT therefore found that the employee had been constructively unfairly dismissed.
http://www.employmentappeals.gov.uk/Public/Upload/07_0058fhCNCEA.doc
PLC Employment