Johnson v Health & Safety Executive [1991] UKEAT 600_90_2811 (28 November 1991)

Johnson v Health & Safety Executive [1991] UKEAT 600_90_2811 (28 November 1991)

The appeal failed because the Tribunal found the contract was terminated by mutual consent and the chain of causation between the alleged breach and the appellant's leaving was broken by the early retirement agreement.

Citation
[1991] UKEAT 600_90_2811
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
28 November 1991
Procedural Posture
Employee Appeal Against Industrial Tribunal Decision / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Contract Termination, Causation
Employment Law Constructive Dismissal Unfair Dismissal Contract Termination Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employee Appeal Against Industrial Tribunal Decision / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer was in significant breach of contract
  2. 2 Whether the appellant resigned because of the breach
  3. 3 Whether early retirement agreement broke the chain of causation

Ratio Decidendi

The appeal failed because the Tribunal found the contract was terminated by mutual consent and the chain of causation between the alleged breach and the appellant's leaving was broken by the early retirement agreement.

Court Disposition

appeal dismissed

Orders

  • Appeal not allowed to proceed to full hearing
  • Appeal dismissed