British Airways Plc v Higgins (Unfair Dismissal: Dismissal/ambiguous resignation) [2015] UKEAT 0016_15_1112 (11 December 2015)

British Airways Plc v Higgins (Unfair Dismissal: Dismissal/ambiguous resignation) [2015] UKEAT 0016_15_1112 (11 December 2015)

The Employment Tribunal did not err in law in finding that the demotion constituted a breach of the implied term of trust and confidence, amounting to constructive dismissal. The respondent conceded that if constructive dismissal was found, it was unfair. No new points or errors of law were established on appeal.

Citation
[2015] UKEAT 0016_15_1112
Parties
Appellant/respondent: British Airways Plc; Respondent/claimant: Mr Higgins
Jurisdiction
United Kingdom
Judgment Date
11 December 2015
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Disciplinary Procedures, Contribution to Dismissal
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Disciplinary Procedures Contribution to Dismissal

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Parties

British Airways Plc

Appellant/respondent

Mr Higgins

Respondent/claimant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether demotion following a successful appeal against dismissal amounted to a breach of the implied term of trust and confidence
  2. 2 Whether the Employment Tribunal erred in law in finding constructive dismissal
  3. 3 Whether the Employment Tribunal erred in not considering the fairness of the dismissal

Ratio Decidendi

The Employment Tribunal did not err in law in finding that the demotion constituted a breach of the implied term of trust and confidence, amounting to constructive dismissal. The respondent conceded that if constructive dismissal was found, it was unfair. No new points or errors of law were established on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Employment Tribunal's decision stands.