Constructive dismissal

Case 1: The facts

Mrs Shaw, an area sales executive, told her employer that she would only be able to return to work from maternity leave on a part-time basis. At her employer’s request, she completed a form requesting flexible working under section 80 of the Employment Rights Act 1996. Her request was refused and Shaw resigned because she was unable to work full time. She made various claims, including sex discrimination and constructive unfair dismissal. The tribunal found direct and indirect sex discrimination but rejected her claim for constructive dismissal.

The ruling

The EAT said that it was not necessary for the EAT to decide whether acts of discrimination will always amount to constructive dismissal. In this particular case, the flat rejection of Shaw’s request because she was a woman (direct discrimination) and the unjustifiable application of a condition which adversely impacted upon women (indirect discrimination) did amount to a fundamental breach of trust and confidence. She was therefore entitled to resign and claim constructive dismissal.