BPCC Purnell Ltd v Webb [1992] UKEAT 129_90_1305 (13 May 1992)

BPCC Purnell Ltd v Webb [1992] UKEAT 129_90_1305 (13 May 1992)

The combined effect of the employer's decisions to reduce Mr Webb's pay by £80 per week constituted a fundamental breach of the implied term of mutual trust and confidence, amounting to constructive dismissal under S.55(2)(c) of the Employment Protection (Consolidation) Act 1978.

Citation
[1992] UKEAT 129_90_1305
Parties
Appellant: BPCC Ltd; Respondent: Mr Webb
Jurisdiction
United Kingdom
Judgment Date
13 May 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Terms in Employment Contracts, Collective Agreements, Custom and Practice
Employment Law Constructive Dismissal Unfair Dismissal Implied Terms in Employment Contracts Collective Agreements Custom and Practice

Case Brief

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Parties

BPCC Ltd

Appellant

Mr Webb

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the employer's actions amounted to a fundamental breach of contract justifying constructive dismissal
  2. 2 Whether the employer was entitled under the flexibility clause to change hours and reduce pay
  3. 3 Whether custom and practice allowed the employer to alter shift patterns and pay

Ratio Decidendi

The combined effect of the employer's decisions to reduce Mr Webb's pay by £80 per week constituted a fundamental breach of the implied term of mutual trust and confidence, amounting to constructive dismissal under S.55(2)(c) of the Employment Protection (Consolidation) Act 1978.

Court Disposition

appeal dismissed

Orders

  • The appeal by BPCC Ltd is dismissed.