Hotham v Westminster Health Care Ltd [1997] UKEAT 1012_97_2811 (28 November 1997)

Hotham v Westminster Health Care Ltd [1997] UKEAT 1012_97_2811 (28 November 1997)

There was no reasonably arguable point of law; the Tribunal's findings on facts did not establish a fundamental breach of contract by the employers.

Source-derived case information.

Citation
[1997] UKEAT 1012_97_2811
Parties
Appellant: Appellant; Respondent: Employers
Jurisdiction
United Kingdom
Judgment Date
28 November 1997
Procedural Posture
Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract, Disciplinary Proceedings, Workplace Harassment
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Disciplinary Proceedings Workplace Harassment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Employers

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employers were in fundamental breach of contract by exercising excessive sanctions in disciplinary proceedings, withdrawing support for NVQ training, and failing to protect the appellant from harassment at work.
  2. 2 Whether the appellant was constructively dismissed.

Ratio Decidendi

There was no reasonably arguable point of law; the Tribunal's findings on facts did not establish a fundamental breach of contract by the employers.

Court Disposition

appeal dismissed