Parsons v Bristol Street Fourth Investments Ltd (t/a Bristol Street Motors) [2008] UKEAT 0581_07_2802 (28 February 2008)

Parsons v Bristol Street Fourth Investments Ltd (t/a Bristol Street Motors) [2008] UKEAT 0581_07_2802 (28 February 2008)

The Tribunal erred in law by failing to consider whether the employer's conduct was likely, objectively, to destroy trust and confidence, focusing instead only on intention. On the facts found, the conduct was likely to destroy the employment relationship, and constructive unfair dismissal is established.

Citation
[2008] UKEAT 0581_07_2802
Parties
Appellant/claimant: Mr Terence Parsons; Respondent/employer: Bristol Street Motors
Jurisdiction
United Kingdom
Judgment Date
28 February 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; finding of constructive unfair dismissal substituted.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Mutual Trust and Confidence, Employment Rights
Employment Law Unfair Dismissal Constructive Dismissal Mutual Trust and Confidence Employment Rights

Case Brief

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Parties

Mr Terence Parsons

Appellant/claimant

Bristol Street Motors

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Did the Tribunal apply the correct legal test for constructive dismissal?
  2. 2 Was the conclusion that the Claimant was not constructively dismissed legally perverse?

Ratio Decidendi

The Tribunal erred in law by failing to consider whether the employer's conduct was likely, objectively, to destroy trust and confidence, focusing instead only on intention. On the facts found, the conduct was likely to destroy the employment relationship, and constructive unfair dismissal is established.

Court Disposition

Appeal allowed; finding of constructive unfair dismissal substituted.

Orders

  • Finding of constructive unfair dismissal substituted for Employment Tribunal's dismissal of claim.
  • Remedy to be determined by a fresh Employment Tribunal unless agreed by the parties.