Employee v Employer [2013]

Posted In: Case Law
  • Case Reference
    IREAT UD1899/2011, RP2481/2011
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
Issues covered: Unfair Dismissal Acts 1997 to 2007; Constructive Dismissal; Absence and Right to be Accompanied

This case involved a part-time cleaner who had a good sickness record for many years until he contracted a leukaemia-like blood disease. He found the illness difficult to deal with and asked to be accompanied by his father at meetings. Although management agreed the claimant’s father could attend a meeting with management some two-three years after the onset of the major period of absence, the relationship between the employee and the employer broke down to such an extent that the employee resigned and claimed constructive dismissal and redundancy pay.

The claimant lost the case. The EAT found that the respondent was right to stick to the procedures:

"At the core of this case was the

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This article is correct at 24/01/2014

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