Veitch Penny LLP - Exeter | Crediton, Devon

Case

GAB Robins (UK) Ltd v Triggs
Employment Appeal Tribunal (EAT) – 13 June 2007

Issues

(1) Constructive Dismissal
(2) Grievance Procedure
(3) Loss of Earnings

Facts

Mrs Triggs was employed as a secretary by the company, a firm of chartered loss adjusters. She was signed off work with anxiety and depression from September 2004 and did not return to work. During that time, she made allegations that one of her managers had bullied her and that her workload was excessive. She raised a grievance regarding these issues. The company failed to properly address her grievances so she resigned in February 2005 claiming constructive unfair dismissal.

At the Employment Tribunal the company argued that because Mrs Triggs had been off work prior to her dismissal her loss of earnings after the dismissal was not due to the dismissal but due to her continuing sickness. Consequently, the dismissal had no effect on her loss of earnings. However, the Tribunal panel disagreed and held that Mrs Triggs was entitled to recover loss of earnings. The company appealed the matter to the Employment Appeal Tribunal.

Decision

The EAT considered the appeal and upheld the Tribunal’s earlier decision.

Comments

It was found that the company’s conduct of the grievance procedure constituted the final straw which Mrs Triggs relied upon justifying her resignation. As Mrs Trigg’s ill health was caused by the employer’s conduct (amounting to a breach of the implied term of trust and confidence), it was to be treated as a consequence of the dismissal leading to loss of earnings. If she had been dismissed, and had subsequently become ill, then she would have been entitled to claim loss of earnings even though she would not have been able to work.

Rachel Billen – Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This Employment Law Update does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Update.