Shaw v McCosh [2004] NIIT 303_04 (30 November 2004)

Shaw v McCosh [2004] NIIT 303_04 (30 November 2004)

The employer's conduct in recruiting a replacement and effectively forcing the applicant to resign constituted a fundamental breach of contract, entitling the applicant to claim constructive and unfair dismissal. Compensation is limited to the basic award as no actual loss was suffered beyond termination.

Citation
[2004] NIIT 303_04
Parties
Applicant: Thomas Ernest Shaw; Respondent: William McCosh
Jurisdiction
Northern Ireland
Judgment Date
30 November 2004
Procedural Posture
Employment Tribunal / Final Decision
Outcome
Applicant succeeded; constructive and unfair dismissal found.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Compensation Calculation, Notice Entitlement
Employment Law Constructive Dismissal Unfair Dismissal Compensation Calculation Notice Entitlement

Case Brief

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Parties

Thomas Ernest Shaw

Applicant

William McCosh

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the applicant was constructively dismissed
  2. 2 Whether the dismissal was unfair
  3. 3 Entitlement to compensation and notice pay

Ratio Decidendi

The employer's conduct in recruiting a replacement and effectively forcing the applicant to resign constituted a fundamental breach of contract, entitling the applicant to claim constructive and unfair dismissal. Compensation is limited to the basic award as no actual loss was suffered beyond termination.

Court Disposition

Applicant succeeded; constructive and unfair dismissal found.

Orders

  • Respondent to pay applicant £5670.00 as compensation.