Chambers v Hartwell Services Ltd [2000] UKEAT 936_98_1102 (11 February 2000)

Chambers v Hartwell Services Ltd [2000] UKEAT 936_98_1102 (11 February 2000)

The tribunal failed to properly direct itself as to the implied term of mutual trust and confidence, and did not apply the correct legal test to determine whether the employer's conduct amounted to a breach of contract. This constituted a material misdirection requiring the case to be remitted for reconsideration.

Citation
[2000] UKEAT 936_98_1102
Parties
Appellant: Mr Chambers; Respondent: Hartwell Services Ltd
Jurisdiction
United Kingdom
Judgment Date
11 February 2000
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted to a differently constituted tribunal for fresh determination.
Legal Topics
Constructive Dismissal, Implied Term of Mutual Trust and Confidence, Unfair Dismissal
Employment Law Constructive Dismissal Implied Term of Mutual Trust and Confidence Unfair Dismissal

Case Brief

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Parties

Mr Chambers

Appellant

Hartwell Services Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer breached the implied term of mutual trust and confidence
  2. 2 Whether the appellant was constructively dismissed
  3. 3 Whether the tribunal applied the correct legal test for breach of contract

Ratio Decidendi

The tribunal failed to properly direct itself as to the implied term of mutual trust and confidence, and did not apply the correct legal test to determine whether the employer's conduct amounted to a breach of contract. This constituted a material misdirection requiring the case to be remitted for reconsideration.

Court Disposition

Appeal allowed; case remitted to a differently constituted tribunal for fresh determination.

Orders

  • Legal Aid Assessment Order in respect of appellant's costs