Riley-Williams v Argos Ltd [2003] UKEAT 811_02_2905 (29 May 2003)

Riley-Williams v Argos Ltd [2003] UKEAT 811_02_2905 (29 May 2003)

The Employment Tribunal erred in law by misapplying section 50(1) Employment Rights Act 1996, failing to consider all relevant statutory factors, relying on an irrelevant compassionate leave policy, not properly balancing considerations, and applying the wrong test of reasonableness. The case is remitted for rehearing.

Source-derived case information.

Citation
[2003] UKEAT 811_02_2905
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 May 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Time Off for Public Duties, Constructive Dismissal, Unfair Dismissal, Statutory Rights, Employment Rights Act 1996
Employment Law Time Off for Public Duties Constructive Dismissal Unfair Dismissal Statutory Rights Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer failed to permit reasonable time off for magistrate duties under section 50(1) Employment Rights Act 1996
  2. 2 Whether the employer's conduct amounted to a fundamental breach of contract entitling the applicant to resign (constructive dismissal)
  3. 3 Whether the applicant was automatically unfairly dismissed for asserting a statutory right

Ratio Decidendi

The Employment Tribunal erred in law by misapplying section 50(1) Employment Rights Act 1996, failing to consider all relevant statutory factors, relying on an irrelevant compassionate leave policy, not properly balancing considerations, and applying the wrong test of reasonableness. The case is remitted for rehearing.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • Case remitted to a differently constituted Employment Tribunal for a full rehearing