Gorai v Patel [2007] UKEAT 0052_07_2707 (27 July 2007)

Gorai v Patel [2007] UKEAT 0052_07_2707 (27 July 2007)

The Tribunal was entitled, on the facts found, to conclude that the Respondent's conduct breached the implied term of mutual trust and confidence, amounting to constructive dismissal, and that the Claimant was entitled to contractual sick pay for August 2005 as she had not exhausted her entitlement and the factual background justified her absence.

Citation
[2007] UKEAT 0052_07_2707
Parties
Claimant: Mrs Patel; Respondent: Dr Gorai
Jurisdiction
United Kingdom
Judgment Date
27 July 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Contractual Sick Pay, Holiday Pay, Implied Term of Mutual Trust and Confidence
Employment Law Constructive Dismissal Unfair Dismissal Contractual Sick Pay Holiday Pay Implied Term of Mutual Trust and Confidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Patel

Claimant

Dr Gorai

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Respondent's conduct amounted to a repudiatory breach of contract entitling the Claimant to resign (constructive dismissal)
  2. 2 Whether the Claimant was entitled to contractual sick pay for August 2005

Ratio Decidendi

The Tribunal was entitled, on the facts found, to conclude that the Respondent's conduct breached the implied term of mutual trust and confidence, amounting to constructive dismissal, and that the Claimant was entitled to contractual sick pay for August 2005 as she had not exhausted her entitlement and the factual background justified her absence.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.