John Craig v Abellio Limited

John Craig v Abellio Limited

The Employment Tribunal failed to properly direct itself as to the legal principles applicable to the last straw doctrine in constructive dismissal, did not engage with the claimant's factual case or cumulative complaints, and inadequately explained its reasoning; the claim must be remitted for rehearing.

Parties
Appellant: Mr John Craig; Respondent: Abellio Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Contract of Employment, Implied Term of Trust and Confidence, Last Straw Doctrine
Employment Law Constructive Dismissal Unfair Dismissal Contract of Employment Implied Term of Trust and Confidence Last Straw Doctrine

Case Brief

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Parties

Mr John Craig

Appellant

Abellio Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in applying the last straw doctrine to constructive dismissal
  2. 2 Whether the failure to pay arrears of sick pay constituted a repudiatory breach of contract
  3. 3 Whether cumulative errors and mishandling of complaints amounted to a fundamental breach of contract

Ratio Decidendi

The Employment Tribunal failed to properly direct itself as to the legal principles applicable to the last straw doctrine in constructive dismissal, did not engage with the claimant's factual case or cumulative complaints, and inadequately explained its reasoning; the claim must be remitted for rehearing.

Court Disposition

appeal allowed

Orders

  • Claim of constructive unfair dismissal remitted to be reheard by a newly constituted Employment Tribunal