James Marshall v McPherson Limited

James Marshall v McPherson Limited

The ET materially misdirected itself in law regarding the 'last straw' doctrine and failed to properly apply the cumulative breach test, undermining confidence in its factual conclusions. The appeal succeeds and the matter must be remitted to a freshly constituted Tribunal for rehearing.

Parties
Appellant: Mr James Marshall; Respondent: McPherson Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Last Straw Doctrine, Repudiatory Breach, Appeal Procedure
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Last Straw Doctrine Repudiatory Breach Appeal Procedure

Case Brief

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Parties

Mr James Marshall

Appellant

McPherson Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Did the Employment Tribunal misdirect itself in applying the law on constructive dismissal, specifically the 'last straw' doctrine?
  2. 2 Did the Tribunal err in holding that the respondent was not in repudiatory breach of contract?
  3. 3 Did the Tribunal take into account irrelevant matters or omit relevant matters?

Ratio Decidendi

The ET materially misdirected itself in law regarding the 'last straw' doctrine and failed to properly apply the cumulative breach test, undermining confidence in its factual conclusions. The appeal succeeds and the matter must be remitted to a freshly constituted Tribunal for rehearing.

Court Disposition

appeal allowed

Orders

  • The matter is remitted to a freshly constituted Tribunal for rehearing.