Bailey v. Snell & Wilcox Ltd [2001] UKEAT 1042_99_1306 (13 June 2001)

Bailey v. Snell & Wilcox Ltd [2001] UKEAT 1042_99_1306 (13 June 2001)

The breach of contract claim is abandoned as it was not raised before the Tribunal; issues of constructive and actual dismissal remain for determination at the full appeal hearing, with directions for further submissions and no need for live evidence.

Source-derived case information.

Citation
[2001] UKEAT 1042_99_1306
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
13 June 2001
Procedural Posture
Employment Appeal / Directions Hearing
Outcome
Further directions given; breach of contract claim abandoned; constructive and actual dismissal issues to proceed to full appeal hearing.
Legal Topics
Constructive Dismissal, Actual Dismissal, Breach of Contract, Employment Rights Act 1996
Employment Law Constructive Dismissal Actual Dismissal Breach of Contract Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Directions Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal failed to adjudicate on material issues of constructive dismissal, actual dismissal, and breach of contract
  2. 2 Whether the Tribunal erred in law by not addressing alternative claims of actual dismissal during notice period

Ratio Decidendi

The breach of contract claim is abandoned as it was not raised before the Tribunal; issues of constructive and actual dismissal remain for determination at the full appeal hearing, with directions for further submissions and no need for live evidence.

Court Disposition

Further directions given; breach of contract claim abandoned; constructive and actual dismissal issues to proceed to full appeal hearing.

Orders

  • Respondent to lodge an answer within 28 days.
  • Appeal to be listed for a half day hearing (Category B).