Parbhjot Singh v Metroline West Limited

Parbhjot Singh v Metroline West Limited

The deliberate withholding of company sick pay to which the claimant was contractually entitled, in the absence of following proper procedures, constituted a fundamental breach of contract. The employment tribunal erred in law in finding otherwise and in failing to determine the application to admit video evidence, though the evidence was ultimately irrelevant.

Parties
Appellant: Mr Parbhjot Singh; Respondent: Metroline West Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed in part, matter remitted
Legal Topics
Constructive Dismissal, Breach of Contract, Sick Pay, Admissibility of Evidence
Employment Law Constructive Dismissal Breach of Contract Sick Pay Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Parbhjot Singh

Appellant

Metroline West Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether refusal to pay contractual sick pay was a fundamental breach of contract
  2. 2 Whether the employment tribunal erred in law by failing to give reasons for refusing the application to admit video evidence

Ratio Decidendi

The deliberate withholding of company sick pay to which the claimant was contractually entitled, in the absence of following proper procedures, constituted a fundamental breach of contract. The employment tribunal erred in law in finding otherwise and in failing to determine the application to admit video evidence, though the evidence was ultimately irrelevant.

Court Disposition

appeal allowed in part, matter remitted

Orders

  • A determination that the refusal to pay contractual sick pay was a fundamental breach of contract is substituted.
  • The matter is remitted to the tribunal to consider whether the claimant resigned in response to the breach.