Drs Burton, McEvoy and Webb (A Partnership) v. Curry [2010] UKEAT 0174_09_2104 (21 April 2010)

Drs Burton, McEvoy and Webb (A Partnership) v. Curry [2010] UKEAT 0174_09_2104 (21 April 2010)

The unilateral removal of the Claimant's line management responsibilities constituted a fundamental breach of contract, amounting to constructive and unfair dismissal. The Tribunal was entitled to find that the breach was both express and implied, and that the Appellants' actions were unreasonable. Compensation was properly assessed to age 65, with a 10% reduction for failure to pursue statutory grievance appeal.

Citation
[2010] UKEAT 0174_09_2104
Parties
Respondent: Mr Curry; Appellants: Partnership of GPs practising in Ripon
Jurisdiction
United Kingdom
Judgment Date
21 April 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed on liability; allowed in part on remedy
Legal Topics
Unfair Dismissal, Constructive Dismissal, Statutory Grievance Procedure, Compensation Assessment, Polkey Deduction
Employment Law Unfair Dismissal Constructive Dismissal Statutory Grievance Procedure Compensation Assessment Polkey Deduction

Case Brief

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Parties

Mr Curry

Respondent

Partnership of GPs practising in Ripon

Appellants

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether removal of line management responsibilities constituted a repudiatory breach of contract
  2. 2 Whether the dismissal was unfair under Employment Rights Act 1996
  3. 3 Whether compensation should be reduced under Polkey principles

Ratio Decidendi

The unilateral removal of the Claimant's line management responsibilities constituted a fundamental breach of contract, amounting to constructive and unfair dismissal. The Tribunal was entitled to find that the breach was both express and implied, and that the Appellants' actions were unreasonable. Compensation was properly assessed to age 65, with a 10% reduction for failure to pursue statutory grievance appeal.

Court Disposition

Appeal dismissed on liability; allowed in part on remedy

Orders

  • Compensation award reduced by 10% under s.31(2)(c) Employment Act 2002
  • Final compensation set at £55,795.50