In Driscoll v V & P Global Limited and another UKEAT/0009/21/LA, the EAT has determined that constructive dismissal can be an act of unlawful harassment. Jeremy Lewis acted for the Claimant.
The EAT has previously decided, in Timothy James Consulting Ltd v Wilson [2015] IRLR 368, that there could be no such claim. Mrs Justice Ellenbogen accepted that decision was “manifestly wrong” and inconsistent with the obligation to implement EU Directives. The decision has important implications for time limits. Where constructive dismissal is itself an act of harassment, time can run from the date of resignation rather than from the earlier acts of harassment. That can be the case even if the last straw is not itself an act of harassment.
