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Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

Published on: 28 July 2021
Published by: LexisPSL
  • Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the ET
  • What did the EAT decide?
  • The domestic authorities
  • The EU Directives
  • The Equality Act 2010
  • More...

Article summary

Employment analysis: Where an employee resigns in response to repudiatory conduct which constitutes or includes unlawful harassment, his or her constructive dismissal is itself capable of constituting an act of harassment, contrary to sections 26 and 40 of the EqA 2010, according to the EAT, overturning its previous 2015 ruling to the contrary effect in Timothy James Consulting v Wilton. or take a trial to read the full analysis.

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