Manpower UK Ltd v. Mulford [2003] UKEAT 0148_03_0207 (2 July 2003)
The contract of employment was frustrated when the applicant could no longer work at Easiwipes after the TUPE transfer; there was no implied term entitling him to wages when no work was available, and thus no jurisdiction for constructive dismissal or unpaid wages.
- Citation
- [2003] UKEAT 0148_03_0207
- Parties
- Appellant: Manpower UK Ltd; Respondent: Lee Mulford
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 July 2003
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Decision
- Outcome
- appeal allowed
- Legal Topics
- Constructive Dismissal, Frustration of Contract, Implied Terms, TUPE Transfer
Case Brief
Summary, issues, holding and outcome
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Parties
Manpower UK Ltd
Appellant
Lee Mulford
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Legal Issues
- 1 Whether the contract of employment was frustrated when the employee could no longer work at the original premises after TUPE transfer
- 2 Whether there was an implied term entitling the employee to wages when no work was available
- 3 Whether the Employment Tribunal had jurisdiction to consider claims for constructive dismissal and unpaid wages
Ratio Decidendi
The contract of employment was frustrated when the applicant could no longer work at Easiwipes after the TUPE transfer; there was no implied term entitling him to wages when no work was available, and thus no jurisdiction for constructive dismissal or unpaid wages.
Court Disposition
appeal allowed
Orders
- Employment Tribunal's decision quashed
- Order for payment of £500 discharged
Full Case Text
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