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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> MacLellan v. Co-Operative Group (CWS) Ltd [2006] UKEAT 0016_05_1105 (11 May 2006) URL: https://www.bailii.org/uk/cases/UKEAT/2006/0016_05_1105.html Cite as: [2006] UKEAT 0016_05_1105, [2006] UKEAT 16_5_1105 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE ELIAS (PRESIDENT)
MISS G B LENAGHAN
Mr P PAGLIARI
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | Mr R CONWAY (Representative) Messrs Bonnar & Company Solicitors Stirling Street Airdrie ML6 0AH |
For the Respondent | Miss J WOODWARD (of Counsel) instructed by: The Co-operative Employers Association PO Box 53 New Century House Manchester M60 4ES |
SUMMARY
Unfair Dismissal – Constructive dismissal
Was the Employment Tribunal entitled to find that the conduct of the employer did not amount to a repudiatory breach? Tribunal held there was no constructive dismissal. EAT found that it was entitled so to conclude.
THE HONOURABLE MR JUSTICE ELIAS
"it would be extremely difficult for an employee to make out such a case in relation to conduct of the type involved in this case on the part of fellow employees where, as here, no complaint had been made to the employer and thus no opportunity given to intervene and take appropriate action to prevent the conduct continuing."