Lunn Poly Ltd v. Mordue [2001] UKEAT 61_01_2903 (29 March 2001)

Lunn Poly Ltd v. Mordue [2001] UKEAT 61_01_2903 (29 March 2001)

The Tribunal was entitled to find that the employee resigned in response to the employer's fundamental breach of contract, specifically the inadequate investigation, regardless of the employee's stated reason. The Tribunal did not err in law by considering the actual sequence of events and breaches. The only arguable ground for appeal is the potential breach of natural justice regarding the handling of written submissions.

Citation
[2001] UKEAT 61_01_2903
Parties
Employee: Mrs Mordue; Employer: Employers (unnamed)
Jurisdiction
United Kingdom
Judgment Date
29 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed only on the procedural ground; all other grounds dismissed.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Natural Justice, Waiver/affirmation
Employment Law Constructive Dismissal Unfair Dismissal Natural Justice Waiver/affirmation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Mordue

Employee

Employers (unnamed)

Employer

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employee was constructively dismissed due to fundamental breach of contract
  2. 2 Whether the Tribunal substituted its own reason for resignation over the employee's stated reason
  3. 3 Whether there was a waiver or affirmation by the employee

Ratio Decidendi

The Tribunal was entitled to find that the employee resigned in response to the employer's fundamental breach of contract, specifically the inadequate investigation, regardless of the employee's stated reason. The Tribunal did not err in law by considering the actual sequence of events and breaches. The only arguable ground for appeal is the potential breach of natural justice regarding the handling of written submissions.

Court Disposition

Appeal allowed to proceed only on the procedural ground; all other grounds dismissed.

Orders

  • Procedural point regarding natural justice to proceed to full hearing
  • All other grounds of appeal dismissed