Claridge v. Daler Rowney Ltd [2008] UKEAT 0188_08_0407 (4 July 2008)

Claridge v. Daler Rowney Ltd [2008] UKEAT 0188_08_0407 (4 July 2008)

The Tribunal was entitled to find that, although the employer's handling of the grievance was open to criticism and involved some unreasonable delay, it did not fall outside the range of reasonable responses and was not sufficiently fundamental to amount to a repudiatory breach of contract. Therefore, there was no...

Source-derived case information.

Citation
[2008] UKEAT 0188_08_0407
Parties
Appellant: [Claimant]; Respondent: [Respondent]
Jurisdiction
United Kingdom
Judgment Date
04 July 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Grievance Procedures, Breach of Contract, Trust and Confidence
Employment Law Constructive Dismissal Unfair Dismissal Grievance Procedures Breach of Contract Trust and Confidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

[Claimant]

Appellant

[Respondent]

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claimant was constructively dismissed due to the employer's handling of the grievance procedure
  2. 2 Whether the delay in the grievance process amounted to a repudiatory breach of contract
  3. 3 Whether the Employment Tribunal misapplied the legal test from Abbey National plc v Fairbrother

Ratio Decidendi

The Tribunal was entitled to find that, although the employer's handling of the grievance was open to criticism and involved some unreasonable delay, it did not fall outside the range of reasonable responses and was not sufficiently fundamental to amount to a repudiatory breach of contract. Therefore, there was no constructive dismissal.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Employment Tribunal is upheld.