John Shepherd Motors v Cooper [1996] UKEAT 1180_95_2301 (23 January 1996)

John Shepherd Motors v Cooper [1996] UKEAT 1180_95_2301 (23 January 1996)

The employer's unilateral variation of pay, avoidance of contact, and the final altercation constituted a fundamental breach of contract, entitling the respondent to treat himself as dismissed. No arguable point of law was disclosed for appeal.

Citation
[1996] UKEAT 1180_95_2301
Parties
Appellant: John Shepherd Motors Ltd; Respondent: Mr Cooper
Jurisdiction
United Kingdom
Judgment Date
23 January 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Fundamental Breach of Contract
Employment Law Constructive Dismissal Unfair Dismissal Fundamental Breach of Contract

Case Brief

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Parties

John Shepherd Motors Ltd

Appellant

Mr Cooper

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent was constructively dismissed
  2. 2 Whether the dismissal was unfair
  3. 3 Whether the employer was in fundamental breach of contract

Ratio Decidendi

The employer's unilateral variation of pay, avoidance of contact, and the final altercation constituted a fundamental breach of contract, entitling the respondent to treat himself as dismissed. No arguable point of law was disclosed for appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no full hearing will be held