Chaplin & Anor v. Thames Valley Cleaning Ltd [2000] UKEAT 479_00_1207 (12 July 2000)

Chaplin & Anor v. Thames Valley Cleaning Ltd [2000] UKEAT 479_00_1207 (12 July 2000)

The appellants failed to discharge the burden of proving dismissal as they did not attend the hearing or provide sufficient evidence; the respondents' actions in seeking interviews were reasonable and did not amount to constructive dismissal.

Citation
[2000] UKEAT 479_00_1207
Parties
Appellants: Mr Chaplin and Miss Chaplin; Respondents: Charles Airey Consultants Plc (transferee: present respondents)
Jurisdiction
United Kingdom
Judgment Date
12 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Constructive Dismissal, Burden of Proof
Employment Law Transfer of Undertakings Constructive Dismissal Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Chaplin and Miss Chaplin

Appellants

Charles Airey Consultants Plc (transferee: present respondents)

Respondents

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the appellants were dismissed by the respondents
  2. 2 Whether there was constructive dismissal
  3. 3 Whether the Employment Tribunal erred in law in its decision

Ratio Decidendi

The appellants failed to discharge the burden of proving dismissal as they did not attend the hearing or provide sufficient evidence; the respondents' actions in seeking interviews were reasonable and did not amount to constructive dismissal.

Court Disposition

Appeal dismissed