Redfern v. Redsure Electrical Ltd [2000] EAT 1110_99_0307 (3 July 2000)

Redfern v. Redsure Electrical Ltd [2000] EAT 1110_99_0307 (3 July 2000)

The employer's clear refusal to pay the appellant's wages and other entitlements constituted a fundamental breach of contract, justifying the appellant's decision to treat the contract as terminated. The Employment Tribunal erred in law by failing to recognize this as constructive dismissal. As the respondent provided no reason for dismissal, it was also unfair. Statutory entitlements for notice, holiday pay, overtime, and a basic award were due.

Citation
[2000] EAT 1110_99_0307
Parties
Appellant: Gary John Redfern; Respondent: Redsure Electrical Ltd (in Liquidation)
Jurisdiction
United Kingdom
Judgment Date
03 July 2000
Procedural Posture
Employment Appeal / Full Hearing on Appeal From Employment Tribunal
Outcome
Appeal allowed; Employment Tribunal decision overturned
Legal Topics
Constructive Dismissal, Unfair Dismissal, Payment in Lieu of Notice, Holiday Pay, Overtime Pay
Employment Law Constructive Dismissal Unfair Dismissal Payment in Lieu of Notice Holiday Pay Overtime Pay

Case Brief

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Parties

Gary John Redfern

Appellant

Redsure Electrical Ltd (in Liquidation)

Respondent

Procedural Posture

Employment Appeal / Full Hearing on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the appellant was constructively dismissed
  2. 2 Whether the dismissal was unfair
  3. 3 Entitlement to payment in lieu of notice

Ratio Decidendi

The employer's clear refusal to pay the appellant's wages and other entitlements constituted a fundamental breach of contract, justifying the appellant's decision to treat the contract as terminated. The Employment Tribunal erred in law by failing to recognize this as constructive dismissal. As the respondent provided no reason for dismissal, it was also unfair. Statutory entitlements for notice, holiday pay, overtime, and a basic award were due.

Court Disposition

Appeal allowed; Employment Tribunal decision overturned

Orders

  • Declaration that the appellant was constructively and unfairly dismissed
  • Award of £2,300.00 for payment in lieu of notice