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While I am on the subject of decisions on remedy which are upheld by the Employment Appeal Tribunal but overturned by the Court of Appeal, another example was first mentioned in this post. I am pleased to report that the judgment of the Court of Appeal in Stuart Peters v Bell has now been produced. Lord Justice Elais gave the leading judgment, in which he confirms that the narrow Norton Tool principle, as defined in the case of Burlo v Langley, does not apply to constructive dismissal because it is simply not the case that it is good industrial practice to make a payment in lieu of notice in such a situation. As Burlo also confirms that the narrow Norton Tool principle is not to be extended, the appeal was allowed.
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