Employment claims will not necessarily fail as a result of the
Claimant failing to identify their case correctly
The Employment Appeal Tribunal ('the EAT') has recently
overturned an Employment Tribunal's ('ET') decision
after it had agreed with the Respondent's submission that the
Claimant, who was unrepresented, had not correctly pleaded her case
as one of constructive dismissal.
In the case of Aynge v Trickett, the Claimant, Miss
Aynge, was employed at a restaurant which had previously been owned
by her parents but was taken over by the Respondent, Mr Trickett,
on 1 September 2016.
On 15 October 2016, the Claimant attended work and, following an
altercation with the Respondent, she alleged she was told by him
that 'this is your last shift tonight' and 'that's
it, we're done'. The Claimant attended the restaurant the
next day to collect her wages and enquire whether her employment
had actually been terminated. On this occasion, the Respondent said
to her: 'We
