Holland v Glendale Industries Ltd [1998] UKEAT 903_97_1405 (14 May 1998)

Holland v Glendale Industries Ltd [1998] UKEAT 903_97_1405 (14 May 1998)

The applicant was not entitled to succeed in his claim for constructive dismissal because he did not make clear to his employer a reason for leaving consistent with constructive dismissal, as required by binding precedent and principles of contract law.

Citation
[1998] UKEAT 903_97_1405
Parties
Appellant: Applicant (Appellant); Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
14 May 1998
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal
Outcome
appeal and cross-appeal dismissed
Legal Topics
Constructive Dismissal, Fundamental Breach of Contract, Termination of Employment, Affirmation, Repudiation

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant (Appellant)

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal

  1. 1 Whether the applicant was constructively dismissed
  2. 2 Whether the applicant made clear to the employer the reason for leaving consistent with constructive dismissal
  3. 3 Whether the respondents' conduct amounted to fundamental breach of contract

Ratio Decidendi

The applicant was not entitled to succeed in his claim for constructive dismissal because he did not make clear to his employer a reason for leaving consistent with constructive dismissal, as required by binding precedent and principles of contract law.

Court Disposition

appeal and cross-appeal dismissed

Orders

  • Applicant's claim for constructive dismissal fails
  • Cross-appeal by respondents dismissed