Ms Gebremarian was given notice by Ethiopian Airlines that she was dismissed as redundant. Ms G then went on to appeal the dismissal and as a result, the notice of dismissal was withdrawn.
However Ms G later resigned and claimed constructive dismissal on the basis that Ethiopian Airlines’ conduct throughout the redundancy process was in breach of the implied term of mutual trust and confidence.
Originally, the Employment Tribunal (ET) found that following the withdrawal of the dismissal, breach of mutual trust and confidence could no longer be relied on. However on appeal the Employment Appeal Tribunal (EAT) disagreed, finding that Ms G resigned in response to acts that occurred before the dismissal process.
The case has been referred back to the ET to reconsider certain findings including that, in effect, Ethiopian Airlines cured the breach of contract by withdrawing notice of dismissal, apparently contrary to the principle in Buckland v Bournemouth University  EWCA Civ 121 – Court of Appeal (Civil Division) .
This will be an eagerly awaited judgment for employers, as being able to cure a fundamental breach of contract in this manner would be a powerful tool to manage the risk of tribunal proceedings.
Gebremariam v Ethiopian Airlines UKEAT/0439/12/0402