Bates v Liverpool City Council - demotion and constructive dismissal - EAT 25.1.07

Mr Bates, a social worker, was demoted following the death of a child whose key worker he had been supervising. The Council concluded that he had been guilty of gross misconduct but conceded that there had also been a 'systemic failure...to support supervisors'. He resigned and claimed unfair constructive dismissal. Both the employment tribunal and now the EAT have dismissed his claim. The issue was whether the sanction was disproportionate.

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