Looking for other work

Case 14: The facts

Mrs Troquet raised a number of health and safety issues following a robbery at the off-licence branch that she managed. At the time, she was already looking for employment elsewhere because she was disappointed not to have been promoted.

The ruling

The EAT held that employees are entitled to claim constructive dismissal as a result of their employers' failure to provide a safe system of work, and that an earlier decision to look for alternative work was not the same as a resignation. Mrs Troquet had been constructively dismissed.

Nicolas UK Ltd v Troquet UKEAT/0082/04