Yorke v. Moonlight [2007] UKEAT 0025_06_1901 (19 January 2007)

Yorke v. Moonlight [2007] UKEAT 0025_06_1901 (19 January 2007)

The Tribunal erred in law by finding constructive dismissal where the conduct relied upon was that of a third party (Mr Yorke) who was neither an employer nor an employee, and for whose actions the employer was not legally responsible. Constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996 requires the conduct to be that of the employer or someone for whom the employer is vicariously liable. The claimant resigned due to the conduct of a third party, not the employer, so the claim could not succeed.

Citation
[2007] UKEAT 0025_06_1901
Parties
Employer: Appellants (Respondents); Employee: Respondent (Claimant)
Jurisdiction
United Kingdom
Judgment Date
19 January 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed, claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Employer Liability
Employment Law Constructive Dismissal Unfair Dismissal Employer Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants (Respondents)

Employer

Respondent (Claimant)

Employee

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the conduct of a third party (not an employer or employee) can constitute grounds for constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal erred in law by finding constructive dismissal based on the actions of a non-employer, non-employee

Ratio Decidendi

The Tribunal erred in law by finding constructive dismissal where the conduct relied upon was that of a third party (Mr Yorke) who was neither an employer nor an employee, and for whose actions the employer was not legally responsible. Constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996 requires the conduct to be that of the employer or someone for whom the employer is vicariously liable. The claimant resigned due to the conduct of a third party, not the employer, so the claim could not succeed.

Court Disposition

appeal allowed, claim dismissed

Orders

  • Appeal upheld
  • Claim for constructive dismissal dismissed