Jacobs v Hanover Park Services Plc [2003] UKEAT 1500_02_2005 (20 May 2003)

Jacobs v Hanover Park Services Plc [2003] UKEAT 1500_02_2005 (20 May 2003)

No error of law was identified in the Tribunal's Extended Reasons; section 100 cannot be invoked without dismissal under section 95(1)(c); Directive 89/391 EC does not confer enforceable rights in this context; risk assessment was performed prior to resignation; Tribunal's reasoning in Extended Reasons was legally correct.

Citation
[2003] UKEAT 1500_02_2005
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
20 May 2003
Procedural Posture
Employment Appeal / Rule 3(10) Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Health and Safety, Automatic Unfair Dismissal, Jurisdiction, EU Directives
Employment Law Constructive Dismissal Health and Safety Automatic Unfair Dismissal Jurisdiction EU Directives

Case Brief

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Rule 3(10) Hearing

Legal Issues

  1. 1 Whether there was a dismissal under section 95(1)(c) Employment Rights Act 1996
  2. 2 Whether section 100 Employment Rights Act 1996 applies independently of section 95
  3. 3 Whether Directive 89/391 EC creates enforceable rights

Ratio Decidendi

No error of law was identified in the Tribunal's Extended Reasons; section 100 cannot be invoked without dismissal under section 95(1)(c); Directive 89/391 EC does not confer enforceable rights in this context; risk assessment was performed prior to resignation; Tribunal's reasoning in Extended Reasons was legally correct.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed under Rule 3(10)
  • Registrar's decision affirmed