LawIndexPro Royle v Greater Manchester Police Summary
EmploymentRoyle -v- Greater Manchester Police Authority
[2006] UKEAT 0527_05_2709
EAT
27 September 2006
The claimant appealed dismissal of her claim for constructive
dismissal. The tribunal had decided that she had waived and could
not rely upon several matters placed before it. Held: "(1) Where
the appeal is based on alleged failure by the Tribunal to decide
points raised, the parties should, pursuant to the EAT's decision
in Bansi [2004] seek clarification from the Tribunal before
incurring the cost and delay involved in an appeal.
(2) The Tribunal did not have to spell out and decide
individually upon each matter of complaint raised; they had
sufficiently dealt with the overall case put forward by the
Appellant.
(3) The Tribunal's approach to affirmation was in error of law;
however if they had not found affirmation, the pre-promotion
conduct of the Respondent, in light of the findings of fact would
not have made any difference.
(4) The Tribunal were entitled to reach the conclusion they did
about the supposed "last straw" and the cause of the Appellant's
resignation. Those conclusions were not reached in error of law
and were not perverse."
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