Knox (Lindsay) v Henderson Retail Ltd [2017] NICA 17 (10 Mar 2017)

Knox (Lindsay) v Henderson Retail Ltd [2017] NICA 17 (10 Mar 2017)

The Tribunal was entitled to find, based on the evidence, that the respondent breached the implied term of trust and confidence and its wider contractual duty to co-operate with the claimant. The breach was fundamental and justified the claimant's resignation. The Tribunal's findings were supported by evidence, and its reasoning and conclusions met the required legal standard. The appeal was dismissed.

Citation
[2017] NICA 17
Parties
Applicant/respondent: Lindsay Knox; Respondent/appellant: Henderson Retail Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 March 2017
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Grievance Procedure, Workplace Bullying, Occupational Health, Breach of Contract
Employment Law Constructive Dismissal Implied Term of Trust and Confidence Grievance Procedure Workplace Bullying Occupational Health Breach of Contract

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Parties

Lindsay Knox

Applicant/respondent

Henderson Retail Ltd

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the respondent breached the implied term of trust and confidence
  2. 2 Whether the breach was fundamental and justified the claimant's resignation (constructive dismissal)
  3. 3 Whether the grievance investigation was adequate and properly handled

Ratio Decidendi

The Tribunal was entitled to find, based on the evidence, that the respondent breached the implied term of trust and confidence and its wider contractual duty to co-operate with the claimant. The breach was fundamental and justified the claimant's resignation. The Tribunal's findings were supported by evidence, and its reasoning and conclusions met the required legal standard. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Industrial Tribunal is affirmed.