Cunningham v Oaklands College [2003] UKEAT 0437_03_0611 (6 November 2003)

Cunningham v Oaklands College [2003] UKEAT 0437_03_0611 (6 November 2003)

The Employment Tribunal erred in law by failing to consider the Appellant's alternative case that the 2002 resignation was caused by a fresh fundamental breach by the employer. The Tribunal's failure to address this argument, which was clearly before it, justified allowing the appeal and remitting the case to a fresh Tribunal.

Citation
[2003] UKEAT 0437_03_0611
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
06 November 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted to a fresh Employment Tribunal.
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Resignation, Remittal to Tribunal
Employment Law Constructive Dismissal Implied Term of Trust and Confidence Resignation Remittal to Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal failed to consider the Appellant's alternative case that the 2002 resignation was caused by a fresh fundamental breach by the employer
  2. 2 Whether the Appellant could rely on earlier breaches from 1999 for constructive dismissal in 2002

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider the Appellant's alternative case that the 2002 resignation was caused by a fresh fundamental breach by the employer. The Tribunal's failure to address this argument, which was clearly before it, justified allowing the appeal and remitting the case to a fresh Tribunal.

Court Disposition

Appeal allowed; case remitted to a fresh Employment Tribunal.

Orders

  • The appeal is allowed.
  • The case is remitted as a whole to a fresh Employment Tribunal for rehearing.