Muschett v Parkwood Healthcare [2009] UKEAT 0361_08_1603 (16 March 2009)

Muschett v Parkwood Healthcare [2009] UKEAT 0361_08_1603 (16 March 2009)

The Tribunal erred in law by taking an analytic approach to each event and requiring proof of breach or fundamental breach of contract for each, rather than considering whether the cumulative effect of the employer's conduct amounted to a repudiatory breach justifying constructive dismissal. The judgment is set aside and remitted to a fresh Tribunal.

Citation
[2009] UKEAT 0361_08_1603
Parties
Appellant/claimant: Mr E Muschett; Respondent/employer: Respondent (not named)
Jurisdiction
United Kingdom
Judgment Date
16 March 2009
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside; case remitted to a fresh Employment Tribunal.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract, Unlawful Deduction From Wages
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Unlawful Deduction From Wages

Case Brief

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Parties

Mr E Muschett

Appellant/claimant

Respondent (not named)

Respondent/employer

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to constructive unfair dismissal in a 'last straw' case
  2. 2 Whether the Tribunal misapplied the legal test by requiring proof of breach or fundamental breach of contract for each event
  3. 3 Whether the Tribunal failed to consider cumulative effect of employer's conduct

Ratio Decidendi

The Tribunal erred in law by taking an analytic approach to each event and requiring proof of breach or fundamental breach of contract for each, rather than considering whether the cumulative effect of the employer's conduct amounted to a repudiatory breach justifying constructive dismissal. The judgment is set aside and remitted to a fresh Tribunal.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; case remitted to a fresh Employment Tribunal.

Orders

  • Judgment of Employment Tribunal set aside
  • Case remitted to a freshly constituted Employment Tribunal