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Write a 8 pages paper on why the claimant has unfairly dismissed. The respondent via Perkins alleges that the meeting was entirely civil and he was merely attempting to address comments made by the cl
Write a 8 pages paper on why the claimant has unfairly dismissed. The respondent via Perkins alleges that the meeting was entirely civil and he was merely attempting to address comments made by the claimant so as to avoid misinterpretation in the future and to ensure that his vision for teamwork was followed. The claimant maintains that Perkins was aggressive and coerced his resignation.
3. Perkins neither denies, nor admits approaching the claimant as he disembarked from his van following a delivery. Nor does Perkins deny shouting at the claimant and ordering the claimant upstairs immediately. In the absence of a challenge to these allegations, it can be accepted that the claimant’s version of this part of the encounter is true. At the very least it can be accepted that the meeting was preceded by a confrontational tone which would have had some bearing on how the claimant perceived and interpreted what was to follow upstairs. In any event, the indisputable fact that the claimant lodged a complaint denying that his resignation was voluntary, is evidence capable of corroborating his claim that his resignation was involuntary and coerced.
4. The question for the tribunal is therefore whether or not, the exchange of dialogue between the claimant and Perkins is such that it amounted to a coerced or involuntary resignation, therefore, amounting to constructive and unfair dismissal. In this regard, the actual resignation corroborates the claimant’s assertion that he had been accused of “slagging off the manager” and “telling a new girl to make tea”. Perkins denies having done so. It can, therefore, be accepted that Perkins’ version of the disputed facts is therefore unreliable. Any doubt should be resolved in the claimant’s favor.
5. Accepting that the claimant’s version of the confrontation is at the very least supported by the contents of the resignation and his subsequent denial that it was voluntary, it is submitted that the tribunal treats the claimant’s statement as the best evidence of what transpired between .the claimant and Perkins.
