Blackmore v North West Kent College Of Technology [1998] UKEAT 302_98_1709 (17 September 1998)

Blackmore v North West Kent College Of Technology [1998] UKEAT 302_98_1709 (17 September 1998)

The tribunal found no fundamental breach of contract, no reasonable belief in serious and imminent danger, and that Ms Blackmore's resignation was not caused by any breach within s.100. The appeal tribunal upheld these findings, concluding there was no error of law and dismissing the appeal.

Citation
[1998] UKEAT 302_98_1709
Parties
Applicant/appellant: Ms Blackmore; Respondent/employer: North West Kent College of Technology
Jurisdiction
United Kingdom
Judgment Date
17 September 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Danger at Work, Medical Assessment, Variation of Contract
Employment Law Constructive Dismissal Unfair Dismissal Danger at Work Medical Assessment Variation of Contract

Case Brief

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Parties

Ms Blackmore

Applicant/appellant

North West Kent College of Technology

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether Ms Blackmore was constructively dismissed under s.95(1)(c) Employment Rights Act 1996
  2. 2 Whether the employer's conduct amounted to a fundamental breach of contract
  3. 3 Whether the resignation was due to circumstances of danger as per s.100(1)(d) or (e) Employment Rights Act 1996

Ratio Decidendi

The tribunal found no fundamental breach of contract, no reasonable belief in serious and imminent danger, and that Ms Blackmore's resignation was not caused by any breach within s.100. The appeal tribunal upheld these findings, concluding there was no error of law and dismissing the appeal.

Court Disposition

appeal dismissed