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Albert v Vidionics Security Systems Ltd - Tribunal failed to establish what the reason was for claimant's resignation [2011] EAT

In a claim for constructive unfair dismissal, a tribunal must make a clear finding as to what was the reason for the dismissal, especially where the parties are arguing different potential reasons.

Mr Albert was called to a disciplinary hearing to answer allegations concerning falsification of time sheets. However, during the course of the hearing itself other matters were raised - such as driving a vehicle with bald tyres - which had come up after the original notice of hearing whereby Mr Albert had not notice that they would be an issue. During an adjournment he resigned, claiming that the process was unfair and in breach of his contract of employment.

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