BSB Developments (Barnsley) Limited v McManis [1991] UKEAT 604_89_0511 (5 November 1991)

BSB Developments (Barnsley) Limited v McManis [1991] UKEAT 604_89_0511 (5 November 1991)

The Tribunal's finding of constructive dismissal was justified on the evidence, with no error of law in its assessment of the December 1988 memorandum or the principal reason for dismissal. The Tribunal was entitled to find the principal reason was conduct, and its approach to the evidence and background was proper.

Citation
[1991] UKEAT 604_89_0511
Parties
Appellant: BSB Developments (Barnsley) Ltd trading as John Smith Engineers; Respondent: Mr McManis
Jurisdiction
United Kingdom
Judgment Date
05 November 1991
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Compensation, Unlawful Deduction of Wages
Employment Law Constructive Dismissal Unfair Dismissal Compensation Unlawful Deduction of Wages

Case Brief

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Parties

BSB Developments (Barnsley) Ltd trading as John Smith Engineers

Appellant

Mr McManis

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in finding constructive dismissal
  2. 2 Whether the Tribunal misapplied or misunderstood facts amounting to an error of law
  3. 3 Whether the principal reason for dismissal was conduct or capability

Ratio Decidendi

The Tribunal's finding of constructive dismissal was justified on the evidence, with no error of law in its assessment of the December 1988 memorandum or the principal reason for dismissal. The Tribunal was entitled to find the principal reason was conduct, and its approach to the evidence and background was proper.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Tribunal's decision and compensation order upheld.