Corns v Whelley Labour Club, Committee & Trustees of [1998] UKEAT 681_98_0110 (1 October 1998)

Corns v Whelley Labour Club, Committee & Trustees of [1998] UKEAT 681_98_0110 (1 October 1998)

The tribunal was entitled to find that the issues raised were not sufficiently grave to amount to a fundamental breach of contract, and there was no contractual right to sick pay.

Citation
[1998] UKEAT 681_98_0110
Parties
Appellant: Mr David Corns; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Contractual Right to Sick Pay, Wrongful Withholding of Wages
Employment Law Constructive Dismissal Contractual Right to Sick Pay Wrongful Withholding of Wages

Case Brief

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Parties

Mr David Corns

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether there was a contractual right to sick pay
  2. 2 Whether the appellant was constructively dismissed
  3. 3 Whether wages were wrongfully withheld

Ratio Decidendi

The tribunal was entitled to find that the issues raised were not sufficiently grave to amount to a fundamental breach of contract, and there was no contractual right to sick pay.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed as unarguable.
  • The award of £70 gross for wrongfully withheld wages stands.