Rawlinson v Brightside Group Ltd [2017] UKEAT 0142_17_2111 (21 November 2017)

Rawlinson v Brightside Group Ltd [2017] UKEAT 0142_17_2111 (21 November 2017)

The employer breached the implied term of trust and confidence by deliberately misleading the claimant about the reason for dismissal. This breach was antecedent to and independent of the dismissal, causing financial loss outside the Johnson exclusion zone. The claimant is entitled to damages for loss of notice pay.

Citation
[2017] UKEAT 0142_17_2111
Parties
Appellant: Larry Rawlinson; Respondent: Stephen Wyeth
Jurisdiction
United Kingdom
Judgment Date
21 November 2017
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; ET's dismissal of notice pay claim set aside; claim upheld
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Notice Pay, Johnson Exclusion Zone, Duty Not to Mislead
Employment Law Contract Law Constructive Dismissal Implied Term of Trust and Confidence Notice Pay Johnson Exclusion Zone Duty Not to Mislead

Case Brief

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Parties

Larry Rawlinson

Appellant

Stephen Wyeth

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employer breached the implied term of trust and confidence by giving a misleading reason for dismissal
  2. 2 Whether the claim falls within the Johnson exclusion zone
  3. 3 Whether the claimant is entitled to damages for loss of notice pay

Ratio Decidendi

The employer breached the implied term of trust and confidence by deliberately misleading the claimant about the reason for dismissal. This breach was antecedent to and independent of the dismissal, causing financial loss outside the Johnson exclusion zone. The claimant is entitled to damages for loss of notice pay.

Court Disposition

Appeal allowed; ET's dismissal of notice pay claim set aside; claim upheld

Orders

  • Parties to agree terms of order and amount of award within seven days
  • If agreement not reached, remedy to be remitted to Employment Tribunal