NWT Freight Forwarding Ltd v Owen [2002] EWCA Civ 1466 (27 September 2002)

NWT Freight Forwarding Ltd v Owen [2002] EWCA Civ 1466 (27 September 2002)

The Employment Tribunal was entitled, based on the facts found, to conclude that the employer's conduct amounted to a fundamental breach of the implied term of trust and confidence, justifying Mr Owen's resignation as constructive dismissal, even if the specific implied term regarding yard duties and notice was not...

Source-derived case information.

Citation
[2002] EWCA Civ 1466
Parties
Applicant: NWT Freight Forwarding Ltd; Respondent: Owen
Jurisdiction
England and Wales
Judgment Date
27 September 2002
Procedural Posture
Employment Appeal / Application for Permission to Appeal (renewed Oral Application)
Outcome
Application for permission to appeal refused
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Unfair Dismissal, Custom and Practice in Employment
Employment Law Constructive Dismissal Implied Term of Trust and Confidence Unfair Dismissal Custom and Practice in Employment

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Summary, issues, holding and outcome

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Parties

NWT Freight Forwarding Ltd

Applicant

Owen

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding constructive dismissal based on breach of implied term of trust and confidence
  2. 2 Whether there was sufficient evidence to support the existence of a custom and practice regarding yard duties and notice requirements

Ratio Decidendi

The Employment Tribunal was entitled, based on the facts found, to conclude that the employer's conduct amounted to a fundamental breach of the implied term of trust and confidence, justifying Mr Owen's resignation as constructive dismissal, even if the specific implied term regarding yard duties and notice was not fully supported by evidence.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused