Kular v Lenlyn UK Ltd

Employment – Unfair dismissal. The Employment Appeal Tribunal, dismissed the employer's appeal against a decision, by a majority of the employment tribunal (the tribunal), that the employee had been constructively dismissed. The employee had resigned, having been given a choice to accept an offer of money to end his employment or to face disciplinary proceedings. The employer had submitted, among other things, that the majority of the tribunal had erred in failing to consider whether it had had a reasonable and proper cause for its conduct because £1.9m had allegedly disappeared under the employee's watch. The EAT held that the tribunal had not misdirected itself and had been entitled to reach the conclusion which it had. The EAT allowed the employee's cross-appeal against a Polkey deduction and deduction for contribution.

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