Winckworth Sherwood

UK 200 2013 position: 94

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…

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