Nicholson v Hazel House Nursing Home Ltd

Employment – Constructive dismissal. The Employment Appeal Tribunal (the EAT), in allowing the employee's appeal, held that the employment tribunal's reasons for concluding that the employee had not been constructively dismissed from her employment as a care assistant at the employer's nursing home had been flawed by material errors of law. The EAT held that the case was one of the rare cases where it could decide what the decision of the tribunal had to have been if it had directed itself correctly in law. Accordingly, it substituted for the decision that the employee had not been constructively dismissed a finding that she had been constructively unfairly dismissed. The case was remitted to the tribunal for it to decide on the appropriate remedy.

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