A chef’s unfair dismissal complaint against a hospital failed, while her Employment Equality Act complaint was withdrawn. The WRC dated its decision 18 August 2017.
The chef said that after five years away from work, the hospital’s failure to restore her former midweek roster left her no option but to resign. The hospital said weekend shifts were allowed by her contract and it could not guarantee her old roster.
The adjudication officer found the chef could not expect to dictate the terms of her return after the extended absence. The parties had not explored a compromise or alternative, and she had not shown that resigning was her only option. The officer therefore found she was not constructively dismissed.