Beattie v Sword Security (NI) Limited [2016] NIIT 02448_15IT (08 April 2016)

Beattie v Sword Security (NI) Limited [2016] NIIT 02448_15IT (08 April 2016)

The tribunal found no fundamental breach of contract by the respondent. The claimant's contract provided for variable hours, and the respondent offered alternative shifts to maintain contracted hours. The claimant resigned prematurely, and the employer did not unequivocally refuse to be bound by the contract....

Source-derived case information.

Citation
[2016] NIIT 02448_15IT
Parties
Claimant: Stephen Beattie; Respondent: Sword Security (NI) Limited
Jurisdiction
Northern Ireland
Judgment Date
08 April 2016
Procedural Posture
Industrial Tribunal Constructive Dismissal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Employment Contract, Repudiatory Breach
Employment Law Constructive Dismissal Unfair Dismissal Employment Contract Repudiatory Breach

Source-derived case record

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Parties

Stephen Beattie

Claimant

Sword Security (NI) Limited

Respondent

Procedural Posture

Industrial Tribunal Constructive Dismissal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed by the respondent
  2. 2 Whether there was a fundamental breach of contract by the employer justifying resignation

Ratio Decidendi

The tribunal found no fundamental breach of contract by the respondent. The claimant's contract provided for variable hours, and the respondent offered alternative shifts to maintain contracted hours. The claimant resigned prematurely, and the employer did not unequivocally refuse to be bound by the contract. Therefore, there was no constructive dismissal.

Court Disposition

Claim dismissed

Orders

  • The claimant’s claim of constructive unfair dismissal is dismissed.