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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Catherall v. Michelin Tyres Plc [2001] UKEAT 915_01_2111 (21 November 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/915_01_2111.html Cite as: [2001] UKEAT 915_01_2111, [2001] UKEAT 915_1_2111 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE D PUGSLEY
MR P A L PARKER CBE
MR S M SPRINGER MBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MISS H GOWER (of Counsel) Instructed by: Messrs Andrew Maynard & Co Solicitors 6 Gay Street Bath BA1 2PH |
JUDGE D M PUGSLEY
"In its conclusion in paragraph 9(17) that the Respondent did not dismiss the Appellant the tribunal erred in law in failing to consider the causation of the Appellant's resignation. The employment tribunal found that the Appellant chose early medical retirement which was more beneficial to him financially than redundancy. The Tribunal did not consider whether it was the existence of the threat of redundancy which caused the Appellant to resign or whether the Appellant was willing and content to resign on early retirement terms which were satisfactory to him."
and we also think that ground (d) is arguable, that although:
"The employment tribunal considered each allegation separately, but failed to consider the Appellant's contention that the Respondent's acts taken together amounted to a constructive dismissal and fell within section 5 Disability Discrimination Act 1995."