Berisha v Language Line Ltd [1998] UKEAT 747_98_0110 (1 October 1998)

Berisha v Language Line Ltd [1998] UKEAT 747_98_0110 (1 October 1998)

The Tribunal was entitled to find, on the evidence, that Mr Berisha's resignation was not withdrawn by consent and that his employment ended by his own resignation, not by dismissal. The decision was not perverse and there was no arguable point of law for appeal.

Citation
[1998] UKEAT 747_98_0110
Parties
Appellant: Mr Berisha; Respondent: Language Line Ltd
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Withdrawal of Resignation, Industrial Tribunal Procedure, Perversity of Decision
Employment Law Constructive Dismissal Withdrawal of Resignation Industrial Tribunal Procedure Perversity of Decision

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 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr Berisha

Appellant

Language Line Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal's decision was perverse
  2. 2 Whether the Tribunal failed to consider corroborative evidence regarding withdrawal of resignation
  3. 3 Whether the absence of a key witness (Lord Young) required a finding in favour of the applicant

Ratio Decidendi

The Tribunal was entitled to find, on the evidence, that Mr Berisha's resignation was not withdrawn by consent and that his employment ended by his own resignation, not by dismissal. The decision was not perverse and there was no arguable point of law for appeal.

Court Disposition

Appeal dismissed