G K P Dynamics v Dexter & Anor [1995] UKEAT 153_94_0603 (6 March 1995)

The dismissal letter constituted a direct dismissal of both Mr and Mrs Dexter, not a constructive dismissal. The Industrial Tribunal erred in its construction of the letter and its finding of constructive dismissal. The matter of fairness of the dismissal must be remitted to the Industrial Tribunal for determination.

Citation: [1995] UKEAT 153_94_0603
Parties: Appellant: GKP Dynamics Ltd; Respondent: Ian G. Dexter; Respondent: Pearl Dexter
Jurisdiction: United Kingdom
Judgment Date: 06 March 1995
Procedural Posture: Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome: Appeal allowed in part; matter remitted to Industrial Tribunal
Legal Topics: Constructive Dismissal, Unfair Dismissal, Contract Variation, Anticipatory Breach

Employment Law Constructive Dismissal Unfair Dismissal Contract Variation Anticipatory Breach

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Parties

GKP Dynamics Ltd

Appellant

Ian G. Dexter

Respondent

Pearl Dexter

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

1 Whether Mr and Mrs Dexter were constructively dismissed or directly dismissed
2 Whether the Industrial Tribunal correctly construed the dismissal letter
3 Whether the dismissals were fair or unfair

Ratio Decidendi

Court Disposition

Appeal allowed in part; matter remitted to Industrial Tribunal

Orders

Awards to Mr and Mrs Dexter set aside
Case remitted to Industrial Tribunal to determine whether the dismissals were fair or unfair