Cape Industrial Services Ltd v Patricia Ambler [2002] EWCA Civ 1264 (26 July 2002)

The Court of Appeal held that Cape's grounds of appeal regarding the change in staff responsibilities and the handling of the grievance raised reasonably arguable points of law and should be allowed to proceed to a full hearing before the EAT.

Citation: [2002] EWCA Civ 1264
Parties: Appellant/respondent: Cape Industrial Services Limited; Respondent/appellant: Patricia Ambler
Jurisdiction: England and Wales
Judgment Date: 26 July 2002
Procedural Posture: Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Constructive Dismissal, Unfair Dismissal, Breach of Contract, Implied Term of Trust and Confidence, Grievance Procedure

Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Implied Term of Trust and Confidence Grievance Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Cape Industrial Services Limited

Appellant/respondent

Patricia Ambler

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

1 Whether the Employment Tribunal erred in law in finding a fundamental breach of contract based on change in staff responsibilities
2 Whether the handling of the grievance constituted a breach of the implied term of trust and confidence

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Cape's appeal to the EAT to proceed on two additional grounds: (1) change in responsibilities for staff, and (2) handling of grievance, in addition to the ground already allowed by the EAT
No order as to costs