Roberts v. Gregorek & Anor (t/a Anglers Paradise) [2008] UKEAT 0368_07_1101 (11 January 2008)

Roberts v. Gregorek & Anor (t/a Anglers Paradise) [2008] UKEAT 0368_07_1101 (11 January 2008)

The Tribunal was not required to determine whether the respondent committed a criminal offence under the Wildlife and Countryside Act 1981 to resolve the constructive dismissal claim. The Tribunal found no fundamental breach of contract or breach of the implied term of trust and confidence, as the respondent was unaware of the claimant's concerns and the claimant's resignation was prompted solely by the discovery of the nests' removal, not by any repudiatory conduct by the respondent.

Citation
[2008] UKEAT 0368_07_1101
Parties
Appellant/claimant: Ms Roberts; Respondent/employer: Mr & Mrs Gregorek (Anglers Paradise)
Jurisdiction
United Kingdom
Judgment Date
11 January 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Wildlife and Countryside Act 1981, Protected Disclosure (whistleblowing)
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Wildlife and Countryside Act 1981 Protected Disclosure (whistleblowing)

Case Brief

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Parties

Ms Roberts

Appellant/claimant

Mr & Mrs Gregorek (Anglers Paradise)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to a fundamental breach of contract entitling the claimant to resign (constructive dismissal)
  2. 2 Whether the Employment Tribunal was required to determine if the respondent committed a criminal offence under the Wildlife and Countryside Act 1981
  3. 3 Whether the respondent breached the implied term of mutual trust and confidence

Ratio Decidendi

The Tribunal was not required to determine whether the respondent committed a criminal offence under the Wildlife and Countryside Act 1981 to resolve the constructive dismissal claim. The Tribunal found no fundamental breach of contract or breach of the implied term of trust and confidence, as the respondent was unaware of the claimant's concerns and the claimant's resignation was prompted solely by the discovery of the nests' removal, not by any repudiatory conduct by the respondent.

Court Disposition

Appeal dismissed