Solley v Chatfields-Martin Walters Ltd [1997] UKEAT 1045_97_0512 (5 December 1997)

Solley v Chatfields-Martin Walters Ltd [1997] UKEAT 1045_97_0512 (5 December 1997)

The Tribunal found no evidence of any breach of contract by the employer, including the implied term of trust and confidence. The Tribunal preferred the respondent's evidence, concluding Mr Solley accepted the Sheffield job and subsequently resigned. There was no constructive dismissal.

Citation
[1997] UKEAT 1045_97_0512
Parties
Appellant: Mr A H Solley; Respondent: Chatfields-Martin Walters Ltd
Jurisdiction
United Kingdom
Judgment Date
05 December 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Resignation, Burden of Proof
Employment Law Constructive Dismissal Unfair Dismissal Resignation Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mr A H Solley

Appellant

Chatfields-Martin Walters Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Solley was constructively dismissed or resigned
  2. 2 Whether there was a fundamental breach of contract by the employer
  3. 3 Whether the correct employer was named in the proceedings

Ratio Decidendi

The Tribunal found no evidence of any breach of contract by the employer, including the implied term of trust and confidence. The Tribunal preferred the respondent's evidence, concluding Mr Solley accepted the Sheffield job and subsequently resigned. There was no constructive dismissal.

Court Disposition

appeal dismissed