Principal Reason For Resignation Does Not Have To Be A Fundamental Breach Of Contract In Order For A Constructive Dismissal Claim To Succeed

In Logan v Celyn House Limited UKEAT/0069/12, the EAT considered a situation where an employee resigned in response to a number of allegations and then claimed constructive unfair dismissal.

The Claimant, Mrs. Logan, was employed by Celyn House as a veterinary nurse. In 2012, a dispute arose over rotas resulting in her being invited to a disciplinary hearing. Mrs. Logan went off sick before the hearing. She was entitled to receive full pay for four weeks. However, during this period the company only paid her Statutory Sick Pay.

Mrs. Logan brought a grievance against Celyn House in relation to 12 issues, including allegations that she was being bullied by her manager and a failure to pay her the correct sick pay.

Both her grievances and her appeal were rejected and she resigned by letter, without mentioning the sick pay issue. She then brought a claim for constructive unfair dismissal.

The Employment Tribunal rejected her claim. It agreed that the failure to pay sick pay was a fundamental breach of contract, but said that this was not the principal reason for Mrs. Logan's resignation. The main reasons had been the bullying and the company's failure to address her grievance properly.

The EAT overturned that decision and concluded that Mrs. Logan had been...