J V Strong & Co Ltd v Hamill [2000] UKEAT 1179_99_1603 (16 March 2000)

J V Strong & Co Ltd v Hamill [2000] UKEAT 1179_99_1603 (16 March 2000)

The tribunal majority found that the employer's inadequate investigation of complaints and subsequent conduct amounted to a breach of contract serious enough to justify the respondent's resignation, constituting constructive dismissal.

Citation
[2000] UKEAT 1179_99_1603
Parties
Appellant: J V Strong & Co Ltd; Respondent: Mr M G Hamill
Jurisdiction
United Kingdom
Judgment Date
16 March 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal allowed to proceed to full hearing
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract, Employer Employee Relationship
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Employer Employee Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

J V Strong & Co Ltd

Appellant

Mr M G Hamill

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent was constructively dismissed
  2. 2 Whether the employer's conduct amounted to a fundamental breach of contract
  3. 3 Whether earlier incidents could be relied upon by the respondent

Ratio Decidendi

The tribunal majority found that the employer's inadequate investigation of complaints and subsequent conduct amounted to a breach of contract serious enough to justify the respondent's resignation, constituting constructive dismissal.

Court Disposition

appeal allowed to proceed to full hearing