EAT decision on discriminatory constructive dismissal

Case Summary: Z v Y 

Background 

In the case of Z v Y, the Employment Appeal Tribunal (EAT) addressed whether a claim of discriminatory constructive dismissal had been improperly excluded from consideration by the Employment Tribunal (ET). The claimant, referred to as Z, worked for the respondent, Y, in their fire and rescue service and later in an IT service desk role after experiencing workplace bullying and health issues. 

Employment Tribunal Findings 

The ET initially found that the claimant had been constructively unfairly dismissed but refused to consider her claims under the Equality Act 2010 that her dismissal was also an act of discrimination. This was on the basis that they were submitted out of time and were not included in the list of issues. The Claimant appealed. 

Employment Appeal Tribunal (EAT) Decision 

The EAT allowed the claimant's appeal, finding that the ET had erred by not considering the claim of discriminatory constructive dismissal. The ET's decision to strictly adhere to the list of issues, excluding this claim, was incorrect. The EAT ruled that the claim should have been considered as part of the pleaded case, aligning with the legal principles established in Parekh v Brent London Borough Council. 

Key Judgments 

Discriminatory Constructive Dismissal: The EAT determined that the ET had wrongfully excluded the claim of discriminatory constructive dismissal from consideration. The list of issues should not replace the pleaded claim, and the ET should ensure it hears and determines all relevant issues based on the law and evidence presented. 

Time Limits and Continuing Acts: The EAT noted that the ET had failed to consider whether the earlier acts of discrimination were part of a continuing act ending with the constructive dismissal. This determination is crucial for assessing whether the claims were submitted within the permissible time frame. 

Implications for Union Representatives 

Comprehensive Case Presentation: Ensure all claims, especially those involving complex issues like constructive dismissal, are clearly articulated and included in the list of issues presented to the ET. The list of issues should cover all claims made in the ET1. When outlining discrimination on the ET1 try and ensure  a holistic approach and state that all acts are connected and a ‘continuing act’  to avoid claims being dismissed as out of time. 

Focus on the discriminatory aspects of Constructive Dismissal Claims if they exist :  Ensure members understand the importance of detailing any final acts of discrimination leading to their resignation when pleading their claims 

Adherence to Time Limits: Advise members on the importance of timely filing of claims and the potential for earlier acts to be considered part of a continuing discriminatory act, impacting the overall assessment of time limits. 

Legal Representation and Clarification: Emphasise the need for thorough legal advice and representation to navigate complex employment disputes. Union representatives should help members seek clarification and ensure that all relevant claims are pursued. 

Conclusion 

The decision in Z v Y underscores the necessity for a detailed and comprehensive approach in presenting discrimination claims. Union representatives must be vigilant in ensuring that all aspects of a member's case are considered, particularly in claims involving constructive dismissal and continuing discriminatory conduct. This case serves as a reminder of the critical role of effective legal strategy and clear communication in employment tribunal proceedings.