Hendry v Board of Governors, Thornfield... Education Authority (Discrimination - Age Unfair Dismissal Other) [2021] NIIT 22980_19it (11 November 2021)

Hendry v Board of Governors, Thornfield... Education Authority (Discrimination - Age Unfair Dismissal Other) [2021] NIIT 22980_19it (11 November 2021)

The tribunal found no breach of contract in any of the alleged areas, nor a course of conduct amounting to a breach of the implied term of trust and confidence. The recruitment process for the permanent post was not unfair. The claimant was not constructively dismissed, and her claim for breach of contract failed....

Source-derived case information.

Citation
[2021] NIIT 22980
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
11 November 2021
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claims for constructive unfair dismissal and breach of contract dismissed. Complaint regarding failure to provide written statement of particulars upheld, but no monetary award granted.
Legal Topics
Constructive Dismissal, Breach of Contract, Written Statement of Employment Particulars
Employment Law Constructive Dismissal Breach of Contract Written Statement of Employment Particulars

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed contrary to article 126 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant's contract of employment was breached in respect of alleged repudiatory breaches
  3. 3 Whether the claimant was provided with a written statement of employment particulars pursuant to article 33 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The tribunal found no breach of contract in any of the alleged areas, nor a course of conduct amounting to a breach of the implied term of trust and confidence. The recruitment process for the permanent post was not unfair. The claimant was not constructively dismissed, and her claim for breach of contract failed. The respondent failed to provide a written statement of employment particulars, but no monetary award could be made as the claimant did not succeed in her other claims.

Court Disposition

Claims for constructive unfair dismissal and breach of contract dismissed. Complaint regarding failure to provide written statement of particulars upheld, but no monetary award granted.

Orders

  • Claim for constructive unfair dismissal dismissed
  • Claim for breach of contract dismissed