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Dismissal: Resignation caused by the employer's bad faith amounts to a dismissal

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    Caledonian Mining Co Ltd v Bassett and Steel [1987] IRLR 165 EAT (0 other reports)

In Caledonian Mining Company Ltd v Bassett and another 5.2.87 EAT/700/84, the EAT holds that an industrial tribunal was entitled to conclude, on the facts before it, that a group of employees had been dismissed within the meaning of s.83(2) of the Employment Protection (Consolidation) Act 1978 when they were inveigled into resigning by their employers.

The issue in this case was whether, in the circumstances outlined below, the employees had resigned voluntarily or whether they had been dismissed within the meaning of s.83(2) of the EP(C)A.