Simmons v Temple Security [2008] NIIT 1642_07IT (21 July 2008)

Simmons v Temple Security [2008] NIIT 1642_07IT (21 July 2008)

No fundamental breach of contract was established at the time of resignation; claimant was still employed and alternative work was being considered.

Citation
[2008] NIIT 1642_07IT
Parties
Claimant: James Connor Simmons; Respondent: Temple Security
Jurisdiction
Northern Ireland
Judgment Date
21 July 2008
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Resignation
Employment Law Constructive Dismissal Breach of Contract Resignation

Case Brief

Summary, issues, holding and outcome

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Parties

James Connor Simmons

Claimant

Temple Security

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

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

Ratio Decidendi

No fundamental breach of contract was established at the time of resignation; claimant was still employed and alternative work was being considered.

Court Disposition

claim dismissed