Employment Cases Update

Mbuisa v Cygnet Healthcare Ltd UKEAT/0119/18/BA

Date published: 26/04/2019

Appeal against the ET’s decision to strike out the Claimant’s claim of constructive unfair dismissal for health and safety reasons. Appeal allowed.

The Claimant was employed by the Respondent, for a matter of months, before he resigned. He lodged ET proceedings in which he made various complaints of breach of contract, unauthorised deductions from wages and for holiday pay, of detriment and constructive unfair dismissal on the ground of public interest disclosures, and of constructive unfair dismissal for health and safety reasons under s 100 Employment Rights Act 1996 ("ERA"). The ET concluded that the constructive unfair dismissal claim had no reasonable prospect of success and would be struck out. The Claimant appealed on the grounds that the ET had erred in law (1) in the application of s 100 ERA, and (2) in striking out the Claimant's claim under s 100 ERA.

The EAT held that the ET had failed to understand the Claimant's case on automatic constructive unfair dismissal under s 100 ERA; although the case was not straightforward, it had been an error to strike out the claim. The appeal would be allowed, and the claim under s 100 ERA would be remitted to the ET for consideration along with the remaining claims.

Employment Claims without a Lawyer 2nd edition published March 2018

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