Crowson & Son Ltd v Shannon [1991] UKEAT 604_90_1607 (16 July 1991)

Crowson & Son Ltd v Shannon [1991] UKEAT 604_90_1607 (16 July 1991)

The Tribunal's finding of constructive and unfair dismissal was supported by evidence of unilateral changes to the applicant's contract and breach of mutual trust and confidence. There was no evidence of bias by the Tribunal Chairman. However, the issue of reinstatement was not properly considered and must be remitted for rehearing.

Citation
[1991] UKEAT 604_90_1607
Parties
Appellant: Crowson & Sons Ltd; Respondent: Mr Shannon
Jurisdiction
United Kingdom
Judgment Date
16 July 1991
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal dismissed in part, allowed in part
Legal Topics
Constructive Dismissal, Unfair Dismissal, Reinstatement, Bias Allegations
Employment Law Constructive Dismissal Unfair Dismissal Reinstatement Bias Allegations

Case Brief

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Parties

Crowson & Sons Ltd

Appellant

Mr Shannon

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the applicant was constructively and unfairly dismissed
  2. 2 Whether the Industrial Tribunal erred in refusing to provide full reasons
  3. 3 Whether there was bias by the Tribunal Chairman

Ratio Decidendi

The Tribunal's finding of constructive and unfair dismissal was supported by evidence of unilateral changes to the applicant's contract and breach of mutual trust and confidence. There was no evidence of bias by the Tribunal Chairman. However, the issue of reinstatement was not properly considered and must be remitted for rehearing.

Court Disposition

Appeal dismissed in part, allowed in part

Orders

  • Finding of unfair dismissal upheld
  • Orders for reinstatement, back pay, restoration of pension rights, and privileges set aside