John Bourne & Co v. Weedon [2017] UKEAT 0150_17_0911 (9 November 2017)
The Employment Judge erred in law by failing to properly consider the claimant's agreement to continue working under the old contract for three months and by not adequately identifying the main reason for constructive dismissal; the matter must be remitted for reconsideration.
- Citation
- [2017] UKEAT 0150_17_0911
- Parties
- Appellant: John Bourne & Co; Respondent: Mr Weedon
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 November 2017
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Constructive Dismissal, Redundancy, Unfair Dismissal, Contractual Terms
Case Brief
Summary, issues, holding and outcome
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Parties
John Bourne & Co
Appellant
Mr Weedon
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the requirement to move workplace and sign new contract amounted to a fundamental breach of contract
- 2 Whether the claimant resigned in response to a breach
- 3 Whether the dismissal was by reason of redundancy or other substantial reason
Ratio Decidendi
The Employment Judge erred in law by failing to properly consider the claimant's agreement to continue working under the old contract for three months and by not adequately identifying the main reason for constructive dismissal; the matter must be remitted for reconsideration.
Court Disposition
appeal allowed
Orders
- claim remitted to a new Employment Tribunal for rehearing
Full Case Text
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