Appeal No.	 EAT/996/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On  1 October 1998

Before
HIS HONOUR JUDGE H J BYRT QC
MR D G DAVIES CBE
MR D J HODGKINS CB

MITRE PLASTICS LTD	APPELLANT

MRS T M SULLIVAN	RESPONDENT

Transcript of Proceedings

JUDGMENT

Revised

	APPEARANCES

For the Appellant	Mr R F Toone
(of Counsel)
Mr A N Ross
Messrs Malcolm Hawkins Ross & Co.
Solicitors
PO Box 49
15 Yarm Lane
Stockton on Tees  TS18 3DR	

	JUDGE JOHN BYRT QC:		This is a preliminary hearing in an appeal against a decision promulgated on 12 June 1998 of the Employment Tribunal sitting in Newcastle-upon-Tyne when the Tribunal found that Mrs Sullivan, the employee, was entitled to statutory sick pay between 3 September  to 26 September 1997.  They also found that she had been constructively dismissed in circumstances amounting to an unfair  dismissal.  We do not think that it is necessary to recite the facts of this case.  They are plainly set out in the extended reasons of the Tribunal.  The Tribunal came to the conclusion that she had been constructively dismissed as a result of the employers’ conduct.  They found that conduct fully justified the decision she made that she had no alternative but to leave their employment.

	Having so found, they then went to give their provisional view the she had been guilty, to the extent of 50%, of contributory conduct.  They indicated that she may have given the employers reason to believe that she all along wanted to leave her employment.  In our view, such a conclusion lies uncomfortably along side the finding that she had been constructively dismissed.

	In order to prove constructive dismissal there are three essentials which the employee has to prove.  There is a question in our minds whether, having regard to their findings about contributory conduct, they applied the appropriate test. 

	In those circumstances we think it right that this matter should go forward to a full hearing of this Tribunal.  In order to assist the Tribunal at that hearing we think it would be helpful for the Chairman of the Tribunal to provide those parts of his Notes of Evidence which led the Tribunal to the conclusion that Mrs Sullivan may have been guilty of contributory conduct.  And we direct that he should provide those Notes.