Morgan v Halls Of Gloucester (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0573_10_2010 (20 October 2011)

Morgan v Halls Of Gloucester (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0573_10_2010 (20 October 2011)

The Tribunal erred by treating the two acts of harassment in isolation and failing to consider whether the ongoing culture of racial abuse constituted a continuing breach of the implied term of trust and confidence, and whether the Claimant resigned at least in part in response to that breach.

Citation
[2011] UKEAT 0573_10_2010
Parties
Appellant/claimant: Mr Morgan; Respondent/employer: Halls of Gloucester
Jurisdiction
United Kingdom
Judgment Date
20 October 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted to same Employment Tribunal for reconsideration of constructive dismissal claim.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Race Discrimination, Harassment, Implied Term of Trust and Confidence
Employment Law Discrimination Law Constructive Dismissal Unfair Dismissal Race Discrimination Harassment Implied Term of Trust and Confidence

Case Brief

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Parties

Mr Morgan

Appellant/claimant

Halls of Gloucester

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 the implied term of mutual trust and confidence
  2. 2 Whether the Claimant delayed too long in resigning to rely on the breach
  3. 3 Whether the culture of racial abuse was a continuing breach and a reason for resignation

Ratio Decidendi

The Tribunal erred by treating the two acts of harassment in isolation and failing to consider whether the ongoing culture of racial abuse constituted a continuing breach of the implied term of trust and confidence, and whether the Claimant resigned at least in part in response to that breach.

Court Disposition

Appeal allowed; case remitted to same Employment Tribunal for reconsideration of constructive dismissal claim.

Orders

  • Remit the question of constructive dismissal to the same Tribunal for reconsideration.
  • Direct race discrimination claim not remitted.