Kataorha v Butlers Warehousing & Distribution Ltd [1992] UKEAT 354_90_2906 (29 June 1992)

Kataorha v Butlers Warehousing & Distribution Ltd [1992] UKEAT 354_90_2906 (29 June 1992)

The Tribunal was entitled to find that the appellant was not constructively dismissed, that no procedural injustice occurred due to late delivery of documents, that the appellant's job and authority were not altered, and that the resignation was based on a mistaken perception rather than any breach by the respondent.

Citation
[1992] UKEAT 354_90_2906
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 June 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Procedural Fairness, Change of Employment Terms
Employment Law Constructive Dismissal Procedural Fairness Change of Employment Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was constructively dismissed
  2. 2 Whether late delivery of documents prejudiced the appellant
  3. 3 Whether the Tribunal failed to consider transcript evidence

Ratio Decidendi

The Tribunal was entitled to find that the appellant was not constructively dismissed, that no procedural injustice occurred due to late delivery of documents, that the appellant's job and authority were not altered, and that the resignation was based on a mistaken perception rather than any breach by the respondent.

Court Disposition

appeal dismissed