Balfour Beatty Rail Renewals Ltd v Brealey [2003] UKEAT 0955_02_0906 (9 June 2003)

Balfour Beatty Rail Renewals Ltd v Brealey [2003] UKEAT 0955_02_0906 (9 June 2003)

The Tribunal erred in failing to make a necessary finding as to whether the fundamental breach found was the effective cause of the Applicant's resignation, constituting an error of law; the matter is remitted to the same Tribunal to determine this issue and to clarify the remedy period.

Citation
[2003] UKEAT 0955_02_0906
Parties
Applicant / Appellant / Respondent: Mr Brealey; Respondent / Appellant: Balfour Beatty Rail Renewals Limited
Jurisdiction
United Kingdom
Judgment Date
09 June 2003
Procedural Posture
Employment Appeal Tribunal / Appeal on Liability and Remedy, With Cross Appeals
Outcome
Appeal allowed in part, cross appeals dismissed, matter remitted to same Tribunal for further findings on causation and remedy period.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Grievance Procedures, Remedies, Contribution, Compensation
Employment Law Constructive Dismissal Unfair Dismissal Grievance Procedures Remedies Contribution Compensation

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Parties

Mr Brealey

Applicant / Appellant / Respondent

Balfour Beatty Rail Renewals Limited

Respondent / Appellant

Procedural Posture

Employment Appeal Tribunal / Appeal on Liability and Remedy, With Cross Appeals

Legal Issues

  1. 1 Whether the conduct of Mr Smith amounted to a fundamental breach of contract
  2. 2 Whether the breach was the effective cause of resignation
  3. 3 Whether the constructive dismissal was unfair

Ratio Decidendi

The Tribunal erred in failing to make a necessary finding as to whether the fundamental breach found was the effective cause of the Applicant's resignation, constituting an error of law; the matter is remitted to the same Tribunal to determine this issue and to clarify the remedy period.

Court Disposition

Appeal allowed in part, cross appeals dismissed, matter remitted to same Tribunal for further findings on causation and remedy period.

Orders

  • Remit to same Employment Tribunal to determine whether the fundamental breach was the effective cause of resignation.
  • Remit to same Tribunal to specify the date when employment would have ended in any event for remedy calculation.