Wilton v Timothy James Consulting Ltd

Employment – Unfair dismissal. The employment tribunal (the tribunal) had found that the employee had been constructively dismissed as a result of three acts of harassment related to her sex. It upheld her claims for unfair dismissal and harassment. The employee appealed against the dismissal of her claim for compensation for loss of a chance. The employer appealed against the finding that the act of constructive dismissal was in itself an act of harassment. It also appealed against awards made to the employee for injury to feelings, which had been grossed up on the basis that it would be liable to income tax. The Employment Appeal Tribunal dismissed the employee's appeal against the remedy judgment concerning loss of chance and the employer's appeal against the finding of harassment where the tribunal had been entitled to reach those conclusions on the evidence. It allowed the appeal against the finding that constructive dismissal was in itself an act of harassment. On the true construction of the Equality Act 2010, a resignation which amounted to a constructive dismissal did not fall within the meaning of harassment. The employer's appeal against the award of compensation for injury to feeling was allowed where, on the true construction of the Income Tax (Earnings and Pensions) Act 2003, such an award was not liable to income tax.

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