Roach v. Apcoa Parking (UK) Ltd [2000] UKEAT 719_00_2510 (25 October 2000)

Roach v. Apcoa Parking (UK) Ltd [2000] UKEAT 719_00_2510 (25 October 2000)

The tribunal's finding that there was no breach of fundamental terms is flawed because the mathematical calculation of hours and pay does not support the conclusion that Mr Roach suffered no loss of income. The inconsistency in the tribunal's findings warrants a full hearing.

Citation
[2000] UKEAT 719_00_2510
Parties
Appellant: Mr David Roach; Respondent: APCOA Parking (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
25 October 2000
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Matter remitted for full hearing
Legal Topics
Constructive Dismissal, TUPE, Working Time Regulations, Employment Contract Variation
Employment Law Constructive Dismissal TUPE Working Time Regulations Employment Contract Variation

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr David Roach

Appellant

APCOA Parking (UK) Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether the reduction in working hours and increase in hourly rate constituted a fundamental breach of contract amounting to constructive dismissal
  2. 2 Whether the Employment Tribunal erred in finding no breach of fundamental terms
  3. 3 Whether the applicant suffered a diminution in income contrary to the tribunal's findings

Ratio Decidendi

The tribunal's finding that there was no breach of fundamental terms is flawed because the mathematical calculation of hours and pay does not support the conclusion that Mr Roach suffered no loss of income. The inconsistency in the tribunal's findings warrants a full hearing.

Court Disposition

Matter remitted for full hearing

Orders

  • Matter to proceed to full hearing without limitation on grounds or arguments
  • Documents presented to Mr Roach on 27th October 1999 and signed by him to be before the Employment Appeal Tribunal