British Telecommunications Plc v Asquith [2003] UKEAT 874_02_0704 (7 April 2003)

British Telecommunications Plc v Asquith [2003] UKEAT 874_02_0704 (7 April 2003)

The Employment Tribunal erred in law by applying the Ejusdem Generis rule to limit the employer's right to terminate; the contract did not restrict BT's right to terminate to the specified grounds, and BT could terminate for any reason with notice.

Citation
[2003] UKEAT 874_02_0704
Parties
Appellant: British Telecommunications PLC; Respondent: Mr Asquith
Jurisdiction
United Kingdom
Judgment Date
07 April 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Fixed Term Contracts, Termination of Employment, Contract Interpretation, Notice Periods
Employment Law Contract Law Fixed Term Contracts Termination of Employment Contract Interpretation Notice Periods

Case Brief

Summary, issues, holding and outcome

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Parties

British Telecommunications PLC

Appellant

Mr Asquith

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer's right to terminate a fixed-term contract was limited to specified grounds or unfettered subject to notice
  2. 2 Proper construction of the employment contract regarding early termination

Ratio Decidendi

The Employment Tribunal erred in law by applying the Ejusdem Generis rule to limit the employer's right to terminate; the contract did not restrict BT's right to terminate to the specified grounds, and BT could terminate for any reason with notice.

Court Disposition

appeal allowed

Orders

  • Employment Tribunal's decision set aside; no need to remit to Employment Tribunal.