Robinson v. Royal British Legion Attendants Co Ltd [2000] EAT 1240_99_2811 (28 November 2000)
The Chairman erred in law by failing to recognize that disciplinary procedures relating to performance, as contained in the Employee Handbook and referenced in the contract, were contractual and should have been considered in the breach of contract claim.
Source-derived case information.
- Citation
- [2000] EAT 1240_99_2811
- Parties
- Appellant: Miss Robinson; Respondent: Legion Security PLC
- Jurisdiction
- United Kingdom
- Judgment Date
- 28 November 2000
- Procedural Posture
- Employment Appeal / Appeal Hearing
- Outcome
- Appeal allowed in part; matter remitted to a new Employment Tribunal for breach of contract claim; striking out of written reasons claim stands.
- Legal Topics
- Breach of Contract, Written Statement of Reasons, Disciplinary Procedures
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miss Robinson
Appellant
Legion Security PLC
Respondent
Procedural Posture
Employment Appeal / Appeal Hearing
Legal Issues
- 1 Whether failure to follow disciplinary procedures constituted breach of contract
- 2 Whether the applicant was entitled to a written statement of reasons
Ratio Decidendi
The Chairman erred in law by failing to recognize that disciplinary procedures relating to performance, as contained in the Employee Handbook and referenced in the contract, were contractual and should have been considered in the breach of contract claim.
Court Disposition
Appeal allowed in part; matter remitted to a new Employment Tribunal for breach of contract claim; striking out of written reasons claim stands.
Orders
- Name of Respondent corrected to 'Legion Security PLC'
- Matter remitted to a different Employment Tribunal
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