Leslie Millin succeeds in the Employment Tribunal following a successful appeal in the EAT

Leslie Millin acted for the Claimant Jacqueline Cross at a recent employment tribunal hearing on constructive unfair dismissal.

The case had been remitted back to the Tribunal from the Employment Appeal Tribunal, after the Respondent had succeeded at a Preliminary Hearing in the ET in having the case struck out as it had been issued out of time. The employment judge refused to extend time on the grounds of reasonable practicability even though the Claimant had acted on ACAS advice, and the Claimant appealed to the EAT.

The appeal was successful and was remitted back to the Employment Tribunal, where various applications were made by the Respondent, for third party disclosure, strike out and deposit orders. All applications were unsuccessful and the Claimant’s case was listed for hearing, where she succeeded on the grounds of fundamental breach of contract due to the breakdown of trust and confidence.

Leslie Millin acted throughout the Employment Tribunal and Employment Appeal Tribunal proceedings.    

Jacqueline Cross v 1) NHS Somerset Clinical Care Commissioning Group 2) NHS Integrated Care Board Case No; 1404334/2021

Ms Jacqueline Cross v NHS Somerset Clinical Commissioning Group [2024] EAT 20

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