Mire v Odeon Cinema [2007] EWCA Civ 979 (21 August 2007)

Mire v Odeon Cinema [2007] EWCA Civ 979 (21 August 2007)

The Employment Tribunal's findings that the employer's breaches did not amount to a fundamental breach of contract were open to it on the evidence and not perverse; the proposed appeal had no real prospect of success, so there was no basis to extend time for appeal.

Citation
[2007] EWCA Civ 979
Parties
Appellant: Mire; Respondent: Odeon Cinema
Jurisdiction
England and Wales
Judgment Date
21 August 2007
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal
Outcome
application refused
Legal Topics
Constructive Dismissal, Unfair Dismissal, Extension of Time, Procedural Fairness
Employment Law Constructive Dismissal Unfair Dismissal Extension of Time Procedural Fairness

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Parties

Mire

Appellant

Odeon Cinema

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing the claim for constructive unfair dismissal
  2. 2 Whether the Employment Appeal Tribunal erred in refusing to extend time for appeal by one day
  3. 3 Whether there was a fundamental breach of contract by the employer

Ratio Decidendi

The Employment Tribunal's findings that the employer's breaches did not amount to a fundamental breach of contract were open to it on the evidence and not perverse; the proposed appeal had no real prospect of success, so there was no basis to extend time for appeal.

Court Disposition

application refused

Orders

  • Permission to appeal refused