S Holmes v Tellemachus Ltd

S Holmes v Tellemachus Ltd

The employment judge failed to consider whether the claimant was constructively dismissed, which was sufficiently raised in the claim documentation; this omission required remission for determination of constructive dismissal and its impact on the contractual deduction of recruitment fees.

Parties
Appellant: Miss S Holmes; Respondent: Tellemachus Ltd
Jurisdiction
England and Wales
Judgment Date
24 March 2022
Procedural Posture
Employment Appeal / Judgment on Appeal, Remitted for Further Determination
Outcome
Appeal allowed, case remitted to same employment judge for determination of constructive dismissal.
Legal Topics
Constructive Dismissal, Unlawful Deduction From Wages, Penalty Clauses, Implied Term of Mutual Trust and Confidence
Employment Law Contract Law Constructive Dismissal Unlawful Deduction From Wages Penalty Clauses Implied Term of Mutual Trust and Confidence

Case Brief

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Parties

Miss S Holmes

Appellant

Tellemachus Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal, Remitted for Further Determination

Legal Issues

  1. 1 Whether the claimant was constructively dismissed
  2. 2 Whether the respondent breached the implied term of mutual trust and confidence
  3. 3 Whether the deduction of recruitment fees was unlawful

Ratio Decidendi

The employment judge failed to consider whether the claimant was constructively dismissed, which was sufficiently raised in the claim documentation; this omission required remission for determination of constructive dismissal and its impact on the contractual deduction of recruitment fees.

Court Disposition

Appeal allowed, case remitted to same employment judge for determination of constructive dismissal.

Orders

  • Matter remitted to same employment judge to determine whether claimant was constructively dismissed.
  • If constructive dismissal is found, respondent must repay deducted recruitment fees.