Cruse v. Omega Selection Services Ltd [2001] UKEAT 1334_00_0405 (4 May 2001)
No repudiatory breach occurred as temporary assignment of less skilled work did not violate contract; appellant's departure was triggered by dissatisfaction with Mr Davis's attitude, not breach of contract.
- Citation
- [2001] UKEAT 1334_00_0405
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 04 May 2001
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Employment Status, Agency Worker Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 whether the appellant was an employee or contractor
- 2 whether there was a repudiatory breach of contract
- 3 whether the respondent was vicariously liable for Mr Davis's actions
Ratio Decidendi
No repudiatory breach occurred as temporary assignment of less skilled work did not violate contract; appellant's departure was triggered by dissatisfaction with Mr Davis's attitude, not breach of contract.
Court Disposition
appeal dismissed
Orders
- Appellant's claim for breach of contract dismissed
- Application for review dismissed
Full Case Text
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