GEC Avionics Ltd v Sparham [1993] UKEAT 714_91_1210 (12 October 1993)

GEC Avionics Ltd v Sparham [1993] UKEAT 714_91_1210 (12 October 1993)

The Industrial Tribunal correctly applied the legal test for constructive dismissal, finding that the employer's covert and inequitable handling of pay reviews constituted a fundamental breach of the implied term of mutual trust and confidence, justifying Mr Sparham's resignation as constructive dismissal.

Citation
[1993] UKEAT 714_91_1210
Parties
Appellant: GEC Avionics Ltd; Respondent: Mr Sparham
Jurisdiction
United Kingdom
Judgment Date
12 October 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Terms, Mutual Trust and Confidence, Contributory Fault
Employment Law Constructive Dismissal Unfair Dismissal Implied Terms Mutual Trust and Confidence Contributory Fault

Case Brief

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Parties

GEC Avionics Ltd

Appellant

Mr Sparham

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Did the Industrial Tribunal apply the correct legal test for constructive dismissal?
  2. 2 Was Mr Sparham constructively dismissed due to inequitable treatment regarding pay?
  3. 3 Did Mr Sparham contribute to his own dismissal?

Ratio Decidendi

The Industrial Tribunal correctly applied the legal test for constructive dismissal, finding that the employer's covert and inequitable handling of pay reviews constituted a fundamental breach of the implied term of mutual trust and confidence, justifying Mr Sparham's resignation as constructive dismissal.

Court Disposition

appeal dismissed

Orders

  • No error of law found in Tribunal's decision.
  • Tribunal's finding of constructive dismissal and assessment of contributory fault upheld.