Hartwell Services Ltd v Chambers [2001] EWCA Civ 774 (15 May 2001)

Hartwell Services Ltd v Chambers [2001] EWCA Civ 774 (15 May 2001)

The Employment Tribunal erred in law by failing to make findings on the central issue of whether the employer intended to replace the employee with Mr Briggs and whether the employer's conduct amounted to a repudiatory breach of contract; this omission required the matter to be remitted for proper determination.

Citation
[2001] EWCA Civ 774
Parties
Appellant: Hartwell Services Ltd; Respondent: Mr AGJ Chambers
Jurisdiction
England and Wales
Judgment Date
15 May 2001
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Implied Term of Mutual Trust and Confidence, Breach of Contract, Unfair Dismissal
Employment Law Constructive Dismissal Implied Term of Mutual Trust and Confidence Breach of Contract Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hartwell Services Ltd

Appellant

Mr AGJ Chambers

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to address the significance of the appointment of Mr Briggs and whether the employer's conduct amounted to a repudiatory breach of contract entitling the employee to claim constructive dismissal

Ratio Decidendi

The Employment Tribunal erred in law by failing to make findings on the central issue of whether the employer intended to replace the employee with Mr Briggs and whether the employer's conduct amounted to a repudiatory breach of contract; this omission required the matter to be remitted for proper determination.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Matter to be remitted to a differently constituted Employment Tribunal for determination if not resolved by agreement or ADR