McKeag v Balloo Inns Ltd [2014] NIIT 01045_13IT (19 February 2014)

McKeag v Balloo Inns Ltd [2014] NIIT 01045_13IT (19 February 2014)

The respondent’s proposed changes constituted at most an anticipatory breach, which was cured by subsequent offers of employment on same terms and conditions. The respondent did not breach the implied duty of trust and confidence. No fundamental breach occurred; claimant resigned, was not constructively dismissed.

Source-derived case information.

Citation
[2014] NIIT 01045_13IT
Parties
Claimant: Beverley McKeag; Respondent: Balloo Inns Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 February 2014
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Implied Duty of Trust and Confidence, Change of Workplace, Change of Hours, Grievance Procedure
Employment Law Constructive Dismissal Implied Duty of Trust and Confidence Change of Workplace Change of Hours Grievance Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Beverley McKeag

Claimant

Balloo Inns Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent’s proposed change to the claimant’s working conditions constituted a fundamental and repudiatory breach of contract
  2. 2 Whether the breach was actual or anticipatory
  3. 3 Whether the respondent cured any anticipatory breach prior to resignation

Ratio Decidendi

The respondent’s proposed changes constituted at most an anticipatory breach, which was cured by subsequent offers of employment on same terms and conditions. The respondent did not breach the implied duty of trust and confidence. No fundamental breach occurred; claimant resigned, was not constructively dismissed.

Court Disposition

Claim dismissed