Hellman International Forwarders Ltd v Cooper [1997] UKEAT 1040_96_2401 (24 January 1997)

Hellman International Forwarders Ltd v Cooper [1997] UKEAT 1040_96_2401 (24 January 1997)

The employer's unreasonable conduct, including imposing impossible targets, failing to provide support, and not properly considering grievances, breached essential implied terms of the employment contract and destroyed the relationship of trust and confidence, amounting to constructive dismissal. No arguable point of law was raised for appeal.

Citation
[1997] UKEAT 1040_96_2401
Parties
Employee: Miss Cooper; Employer: Respondent company (freight forwarding business)
Jurisdiction
United Kingdom
Judgment Date
24 January 1997
Procedural Posture
Employment Appeal / Permission to Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Terms, Grievance Procedures
Employment Law Constructive Dismissal Unfair Dismissal Implied Terms Grievance Procedures

Case Brief

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Parties

Miss Cooper

Employee

Respondent company (freight forwarding business)

Employer

Procedural Posture

Employment Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether the employer's conduct amounted to constructive dismissal
  2. 2 Whether the employer breached implied terms of trust and confidence
  3. 3 Whether the employer failed to provide reasonable opportunity for grievance redress

Ratio Decidendi

The employer's unreasonable conduct, including imposing impossible targets, failing to provide support, and not properly considering grievances, breached essential implied terms of the employment contract and destroyed the relationship of trust and confidence, amounting to constructive dismissal. No arguable point of law was raised for appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal not fit for full hearing and dismissed.