Devon and Somerset Fire and Rescue Service v Tilke

Devon and Somerset Fire and Rescue Service v Tilke

The Employment Tribunal erred in law by failing to consider whether the Service acted without reasonable and proper cause and by not addressing whether the respondent affirmed the contract by delay. The only possible conclusion on the facts is that the respondent affirmed the contract by remaining in employment for 12 months after the alleged breach. Remission to a new tribunal serves no purpose as the unfair dismissal claim must be dismissed.

Parties
Appellant: Devon and Somerset Fire and Rescue Service; Respondent: Sandra Tilke
Jurisdiction
England and Wales
Judgment Date
16 December 2010
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal allowed; unfair dismissal claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Affirmation of Contract, Remission of Case
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Affirmation of Contract Remission of Case

Case Brief

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Parties

Devon and Somerset Fire and Rescue Service

Appellant

Sandra Tilke

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding constructive unfair dismissal based on breach of the implied term of trust and confidence
  2. 2 Whether the respondent affirmed the contract by delay after the alleged breach
  3. 3 Whether remission to a new tribunal was appropriate

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider whether the Service acted without reasonable and proper cause and by not addressing whether the respondent affirmed the contract by delay. The only possible conclusion on the facts is that the respondent affirmed the contract by remaining in employment for 12 months after the alleged breach. Remission to a new tribunal serves no purpose as the unfair dismissal claim must be dismissed.

Court Disposition

appeal allowed; unfair dismissal claim dismissed

Orders

  • The order of the Employment Appeal Tribunal remitting the case is set aside.
  • The unfair dismissal claim of Sandra Tilke is dismissed.