Crown Leisure Ltd v. Kelly [2003] UKEAT 0243_03_1905 (19 May 2003)

Crown Leisure Ltd v. Kelly [2003] UKEAT 0243_03_1905 (19 May 2003)

The Tribunal found that the Applicant resigned in response to a fundamental breach of contract, namely the announcement of redundancy without consultation, and that the Respondent failed in its duty to consult, justifying constructive dismissal.

Citation
[2003] UKEAT 0243_03_1905
Parties
Employee: Applicant; Employer: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 May 2003
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Redundancy, Breach of Contract
Employment Law Constructive Dismissal Unfair Dismissal Redundancy Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Employee

Respondent

Employer

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Did the Applicant resign in response to a fundamental breach of contract by the Respondent?
  2. 2 Had the Applicant affirmed any breach prior to her resignation?

Ratio Decidendi

The Tribunal found that the Applicant resigned in response to a fundamental breach of contract, namely the announcement of redundancy without consultation, and that the Respondent failed in its duty to consult, justifying constructive dismissal.

Court Disposition

Appeal dismissed

Orders

  • The Tribunal's decision is upheld
  • Remedy hearing to be set up