Mari v Reuters Ltd (Unfair Dismissal : Constructive dismissal) [2015] UKEAT 0539_13_3001 (30 January 2015)

Mari v Reuters Ltd (Unfair Dismissal : Constructive dismissal) [2015] UKEAT 0539_13_3001 (30 January 2015)

The Employment Tribunal applied correct legal principles to the question of affirmation, considering all facts in the round, and was entitled to find that the claimant affirmed her contract by her conduct after the alleged breach. There is no special rule requiring separate affirmation of a varied contract in demotion cases unless the employee has accepted the variation. The Tribunal's rejection of the claimant's medical incapacity to resign was not perverse.

Citation
[2015] UKEAT 0539_13_3001
Parties
Appellant/claimant: Ms Nieves Colomar Mari; Respondent/employer: Reuters Limited
Jurisdiction
United Kingdom
Judgment Date
30 January 2015
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Affirmation of Contract, Sex Discrimination, Breach of Contract
Employment Law Unfair Dismissal Constructive Dismissal Affirmation of Contract Sex Discrimination Breach of Contract

Case Brief

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Parties

Ms Nieves Colomar Mari

Appellant/claimant

Reuters Limited

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding the claimant affirmed her contract after alleged fundamental breach by the employer
  2. 2 Whether the Employment Tribunal was perverse in rejecting the claimant's case that she was too unwell to resign
  3. 3 Whether special principles apply to affirmation where the employee alleges demotion or contractual variation

Ratio Decidendi

The Employment Tribunal applied correct legal principles to the question of affirmation, considering all facts in the round, and was entitled to find that the claimant affirmed her contract by her conduct after the alleged breach. There is no special rule requiring separate affirmation of a varied contract in demotion cases unless the employee has accepted the variation. The Tribunal's rejection of the claimant's medical incapacity to resign was not perverse.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.