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Kenworthy's Chambers

Robert Lassey Successfully Defends a Claim of Constructive Dismissal at Manchester Employment Tribunal

by Kenworthy's Chambers 19/01/2018

Robert Lassey represented the owner of several McDonald's franchises at Manchester Employment Tribunal; the Claimant, a former employee, had made a claim of Constructive Dismissal against the company, arguing that their disciplinary process was effectively a foregone conclusion, and was unfairly geared towards his dismissal. Robert was successful in persuading the Tribunal that the outcome of the disciplinary procedure was not pre-determined, and that there were no breaches of contract, repudiatory or otherwise, on the part of the employers; but rather, it was the Claimant's own conduct that contributed towards his departure. The questions of resignation in response, and affirmation, therefore did not fall to be determined by the Tribunal, as the Claimant's case failed at this stage.