Marks & Spencer Plc v. Laneres [2005] ScotCS CSIH_19 (11 February 2005)

Marks & Spencer Plc v. Laneres [2005] ScotCS CSIH_19 (11 February 2005)

The Employment Tribunal's findings that there was a material breach of contract due to delay were justified, but there was no error of law in its conclusion that the breach was not the effective cause of the respondent's resignation; therefore, the appellate tribunal erred in interfering with the Employment Tribunal's decision.

Citation
[2005] ScotCS CSIH_19
Parties
Appellant: Marks & Spencer plc; Respondent: Ms. Lorraine Laneres
Jurisdiction
Scotland
Judgment Date
11 February 2005
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session, Inner House
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Material Breach of Contract, Causation in Resignation
Employment Law Contract Law Constructive Dismissal Material Breach of Contract Causation in Resignation

Case Brief

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Parties

Marks & Spencer plc

Appellant

Ms. Lorraine Laneres

Respondent

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session, Inner House

Legal Issues

  1. 1 Whether delay in handling employee grievance constituted a material breach of contract
  2. 2 Whether the material breach was the effective cause of the respondent's resignation

Ratio Decidendi

The Employment Tribunal's findings that there was a material breach of contract due to delay were justified, but there was no error of law in its conclusion that the breach was not the effective cause of the respondent's resignation; therefore, the appellate tribunal erred in interfering with the Employment Tribunal's decision.

Court Disposition

appeal allowed

Orders

  • Judgment of the Employment Appeal Tribunal reversed
  • Decision of the Employment Tribunal restored