Constructive unfair dismissal claims inevitably involve a Tribunal identifying the reason or reasons for the resignation.  The EAT case of Mrs S Logan v Celyn House Ltd reminds us of the principle established in the Meikle case [2005], that the Tribunal should not look for a principal reason but should consider all contributory reasons.

In this case, the Claimant resigned following an unsatisfactory grievance outcome.  The grievance related to alleged bullying and failure to pay sick pay.  The Tribunal found that the bullying was the principal reason for her resignation and as this was imaginary there was no basis for a finding of constructive unfair dismissal.

The EAT said that the Tribunal should not have excluded the sick pay issue from their considerations just because this was not the ‘principal’ reason for her resignation.  As the sick pay issue was a reason for resignation and as this was founded, her claim for unfair dismissal should have been successful.