Cow v Surrey And Berkshire Newspapers Ltd [2003] UKEAT 0716_02_0703 (7 March 2003)

Cow v Surrey And Berkshire Newspapers Ltd [2003] UKEAT 0716_02_0703 (7 March 2003)

The Tribunal was entitled to find, as a matter of fact, that the applicant affirmed the contract by continuing to work and accept pay for three weeks after her grievance was dismissed, and that no error of law occurred in the Tribunal's approach to reasonableness or affirmation.

Source-derived case information.

Citation
[2003] UKEAT 0716_02_0703
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
07 March 2003
Procedural Posture
Employment Appeal / Appeal Against Reserved Decision of Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Affirmation of Contract, Unfair Dismissal, Employment Rights Act 1996
Employment Law Constructive Dismissal Affirmation of Contract Unfair Dismissal Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Reserved Decision of Employment Tribunal

Legal Issues

  1. 1 Whether the applicant was constructively dismissed
  2. 2 Whether the applicant affirmed the contract by delay after grievance dismissal
  3. 3 Whether reasonableness is a requirement in affirmation of contract in employment law

Ratio Decidendi

The Tribunal was entitled to find, as a matter of fact, that the applicant affirmed the contract by continuing to work and accept pay for three weeks after her grievance was dismissed, and that no error of law occurred in the Tribunal's approach to reasonableness or affirmation.

Court Disposition

Appeal dismissed