Maidstone Borough Council v. Tebbutt [2001] UKEAT 768_00_1309 (13 September 2001)

Maidstone Borough Council v. Tebbutt [2001] UKEAT 768_00_1309 (13 September 2001)

The employment contract, properly construed, allowed for termination during the probationary period upon giving four weeks' notice, as set out in the Statement of Particulars and the letter of offer. The Employment Tribunal erred in construing the contract otherwise.

Citation
[2001] UKEAT 768_00_1309
Parties
Appellant: Maidstone Borough Council; Respondent: Mr Tebbutt
Jurisdiction
United Kingdom
Judgment Date
13 September 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; Employment Tribunal decision set aside.
Legal Topics
Probationary Periods, Notice of Termination, Contract Construction, Employment Contracts
Employment Law Probationary Periods Notice of Termination Contract Construction Employment Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maidstone Borough Council

Appellant

Mr Tebbutt

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Council could terminate Mr Tebbutt's employment during the probationary period by notice
  2. 2 Proper construction of conflicting contractual documents regarding notice during probation

Ratio Decidendi

The employment contract, properly construed, allowed for termination during the probationary period upon giving four weeks' notice, as set out in the Statement of Particulars and the letter of offer. The Employment Tribunal erred in construing the contract otherwise.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside.

Orders

  • Decision of the Employment Tribunal set aside.