Atkinson v Morrow & Anor (t/a Quality Cleaning Service) [2005] NIIT 2485_04 (7 February 2005)

Atkinson v Morrow & Anor (t/a Quality Cleaning Service) [2005] NIIT 2485_04 (7 February 2005)

The applicant was not constructively dismissed; there was no breach of contract going to the root or showing the respondents no longer intended to be bound by essential terms. The applicant resigned for personal reasons and was not demoted or dismissed. All arrears of wages and holiday pay were paid, with only travel expenses outstanding.

Citation
[2005] NIIT 2485_04
Parties
Applicant: Fran Atkinson; Respondents: Alan Morrow and Sharon Lowe t/a Quality Cleaning Service
Jurisdiction
Northern Ireland
Judgment Date
07 February 2005
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Applicant was not unfairly dismissed; claim for constructive dismissal rejected.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Wages, Holiday Pay, Travel Expenses
Employment Law Constructive Dismissal Unfair Dismissal Wages Holiday Pay Travel Expenses

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Parties

Fran Atkinson

Applicant

Alan Morrow and Sharon Lowe t/a Quality Cleaning Service

Respondents

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the applicant was constructively dismissed by the respondents
  2. 2 Whether the applicant was owed any monies by the respondents in respect of wages or holiday pay

Ratio Decidendi

The applicant was not constructively dismissed; there was no breach of contract going to the root or showing the respondents no longer intended to be bound by essential terms. The applicant resigned for personal reasons and was not demoted or dismissed. All arrears of wages and holiday pay were paid, with only travel expenses outstanding.

Court Disposition

Applicant was not unfairly dismissed; claim for constructive dismissal rejected.

Orders

  • Respondents to pay applicant £28.00 in respect of outstanding travel expenses.