Cuspo 2000 Ltd v McLachlan [1995] UKEAT 918_95_2911 (29 November 1995)

Cuspo 2000 Ltd v McLachlan [1995] UKEAT 918_95_2911 (29 November 1995)

The employer's conduct, including failure to review salary, advertising the respondent's job during his holiday, and issuing an ultimatum to resign or be dismissed, constituted a repudiatory breach of the implied term of trust and confidence, justifying the respondent's resignation as constructive dismissal under Section 55(2)(c) of the 1978 Act.

Citation
[1995] UKEAT 918_95_2911
Parties
Appellant: Cuspo 2000 Ltd; Respondent: Mr Peattie
Jurisdiction
United Kingdom
Judgment Date
29 November 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed in part; case remitted to Industrial Tribunal for findings on contributory fault.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence, Contributory Fault
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence Contributory Fault

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cuspo 2000 Ltd

Appellant

Mr Peattie

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the respondent was constructively dismissed under Section 55(2)(c) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the employer breached the implied term of mutual trust and confidence
  3. 3 Whether the respondent contributed to his dismissal under Section 74(6) of the 1978 Act

Ratio Decidendi

The employer's conduct, including failure to review salary, advertising the respondent's job during his holiday, and issuing an ultimatum to resign or be dismissed, constituted a repudiatory breach of the implied term of trust and confidence, justifying the respondent's resignation as constructive dismissal under Section 55(2)(c) of the 1978 Act.

Court Disposition

Appeal allowed in part; case remitted to Industrial Tribunal for findings on contributory fault.

Orders

  • Remit to Industrial Tribunal for determination of whether respondent contributed to his dismissal and to what extent.