Winckworth Sherwood

UK 200 2014 position: 81

Constructive dismissal: delay in resignation because of sick leave

In the recent case of Chindove v William Morrisons Supermarkets plc, the Employment Appeal Tribunal (EAT) found that the fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.

C, a warehouse operative, suffered two incidents of racial harassment and discrimination during his employment:

  • First (December 2010) — C made a complaint to the general manager who did not report on the outcome of the complaint.
  • Second (March 2011) — C submitted a written grievance to the operations manager. Unhappy with the outcome, C escalated his grievance under the ‘special complaint’ procedure. The HR manager (HRM) carried out further investigation after significant delay.

C went on authorised sick leave and resigned six weeks after the HRM reported to him on the outcome of his grievance…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

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