Peakquote Ltd & Anor v Levy (Unfair Dismissal: Constructive dismissal) [2015] UKEAT 0179_14_0902 (09 February 2015)

Peakquote Ltd & Anor v Levy (Unfair Dismissal: Constructive dismissal) [2015] UKEAT 0179_14_0902 (09 February 2015)

The Employment Judge failed to properly analyse whether the employer's conduct amounted to a repudiatory breach of the implied term of trust and confidence and failed to make a clear finding that such a breach caused the Claimant to resign. The Judge also failed to properly consider whether the Claimant's conduct was blameworthy or culpable for the purposes of reducing compensation under section 123(6).

Citation
[2015] UKEAT 0179_14_0902
Parties
Appellant/cross Appellant: Claimant; Respondent/appellant: Respondent employers
Jurisdiction
United Kingdom
Judgment Date
09 February 2015
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Appeal and cross-appeal allowed; matter remitted for rehearing before a new Employment Judge.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Contributory Fault, Employment Rights Act 1996, Implied Term of Trust and Confidence
Employment Law Unfair Dismissal Constructive Dismissal Contributory Fault Employment Rights Act 1996 Implied Term of Trust and Confidence

Case Brief

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Parties

Claimant

Appellant/cross Appellant

Respondent employers

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Claimant was unfairly constructively dismissed
  2. 2 Whether the compensatory award should be reduced for contributory fault

Ratio Decidendi

The Employment Judge failed to properly analyse whether the employer's conduct amounted to a repudiatory breach of the implied term of trust and confidence and failed to make a clear finding that such a breach caused the Claimant to resign. The Judge also failed to properly consider whether the Claimant's conduct was blameworthy or culpable for the purposes of reducing compensation under section 123(6).

Court Disposition

Appeal and cross-appeal allowed; matter remitted for rehearing before a new Employment Judge.

Orders

  • Original decision on constructive dismissal and contributory fault set aside.
  • Case remitted to a new Employment Judge for rehearing.