Thompson v Ritec Ltd [1996] UKEAT 651_96_1012 (10 December 1996)

Thompson v Ritec Ltd [1996] UKEAT 651_96_1012 (10 December 1996)

The Tribunal misdirected itself by considering extraneous factors and not applying the contractual test for constructive dismissal; the matter must be reconsidered to determine if failure to pay pension contributions was a fundamental breach entitling appellant to resign.

Citation
[1996] UKEAT 651_96_1012
Parties
Appellant: Andrew Thompson; Respondent: Ritec Ltd
Jurisdiction
United Kingdom
Judgment Date
10 December 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Breach of Contract, Pension Contributions, Unfair Dismissal
Employment Law Contract Law Constructive Dismissal Breach of Contract Pension Contributions Unfair Dismissal

Case Brief

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Parties

Andrew Thompson

Appellant

Ritec Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether failure to pay pension contributions constituted a fundamental breach of contract
  2. 2 Whether appellant affirmed the contract by delay in resignation
  3. 3 Whether appellant acted reasonably in resigning

Ratio Decidendi

The Tribunal misdirected itself by considering extraneous factors and not applying the contractual test for constructive dismissal; the matter must be reconsidered to determine if failure to pay pension contributions was a fundamental breach entitling appellant to resign.

Court Disposition

appeal allowed

Orders

  • Matter remitted to Industrial Tribunal for reconsideration of constructive dismissal on proper contractual basis