Beattie v Charis Cancer Care Limited Friends of Charis Limited (Unfair Dismissal Other) [2018] NIIT 01549_17IT (02 March 2018)

Beattie v Charis Cancer Care Limited Friends of Charis Limited (Unfair Dismissal Other) [2018] NIIT 01549_17IT (02 March 2018)

The tribunal found that the claimant was not constructively dismissed as the respondents' conduct did not undermine trust and confidence to the extent required by law, and that the claimant was not employed as shop manager. However, the first respondent failed to provide a written statement of employment particulars as required by statute, warranting a compensatory award.

Citation
[2018] NIIT 01549_17IT
Parties
Claimant: Valerie Beattie; First Respondent: Charis Cancer Care Limited; Second Respondent: Friends of Charis Limited
Jurisdiction
Northern Ireland
Judgment Date
02 March 2018
Procedural Posture
Industrial Tribunal Unfair Dismissal and Failure to Provide Employment Particulars / Final Decision
Outcome
Claim for constructive dismissal dismissed; claim for failure to provide employment particulars upheld against first respondent.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Employment Particulars, Employment Contract
Employment Law Constructive Dismissal Unfair Dismissal Employment Particulars Employment Contract

Case Brief

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Parties

Valerie Beattie

Claimant

Charis Cancer Care Limited

First Respondent

Friends of Charis Limited

Second Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal and Failure to Provide Employment Particulars / Final Decision

Legal Issues

  1. 1 Whether the claimant was constructively dismissed by either respondent
  2. 2 Whether the respondents failed to provide the claimant with sufficient particulars of employment

Ratio Decidendi

The tribunal found that the claimant was not constructively dismissed as the respondents' conduct did not undermine trust and confidence to the extent required by law, and that the claimant was not employed as shop manager. However, the first respondent failed to provide a written statement of employment particulars as required by statute, warranting a compensatory award.

Court Disposition

Claim for constructive dismissal dismissed; claim for failure to provide employment particulars upheld against first respondent.

Orders

  • Claim for constructive dismissal dismissed against both respondents.
  • Claim for failure to provide employment particulars dismissed against second respondent.