Employment Cases Update

Retirement Security Ltd v Wilson UKEAT/0019/19/JOJ

Date published: 06/11/2019

Appeal against the ET’s decision upholding the Claimant’s complaint of unfair constructive dismissal. Appeal dismissed.

The Claimant, who had worked for the Respondent for two years, was suspended while allegations that had been made against her were investigated. At a "fact-finding meeting", the Claimant felt that there was no will on the part of the Respondent to continue a fair investigation, and that the Respondent wanted rid of her, so she resigned. In upholding the Claimant's complaint of unfair constructive dismissal, the ET found that the "conduct of the alleged investigatory meeting was high handed and ultimately served its purpose", resulting in the termination of the Claimant's employment. The Respondent appealed on the grounds that (1) that ET failed to consider the fairness of the dismissal, erroneously focusing solely on whether there had been a breach of the implied term of trust and confidence, and (2) in concluding that there had been a breach of the implied term of trust and confidence, the ET erroneously transposed the requirements of procedural fairness and natural justice in disciplinary meetings onto investigatory meetings.

The EAT held that (1) it was unable to see that the Respondent pursued any positive case that there was a fair reason for the dismissal, and (2) in relation to the conduct of the investigatory process, the ET had made a permissible finding on the evidence.

Read the full text of the judgment on BAILII or download the file by clicking the link below.