Dickins (t/a Chris Dickins Solicitors) v. Virdee [2010] UKEAT 0195_10_1609 (16 September 2010)

Dickins (t/a Chris Dickins Solicitors) v. Virdee [2010] UKEAT 0195_10_1609 (16 September 2010)

The Respondent breached the implied term of trust and confidence, causing the Claimant to resign; employment status was not an issue before the Tribunal and cannot be raised on appeal.

Citation
[2010] UKEAT 0195_10_1609
Parties
Claimant: Miss Virdee; Respondent: Mr Dickins
Jurisdiction
United Kingdom
Judgment Date
16 September 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Costs
Employment Law Constructive Dismissal Unfair Dismissal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Virdee

Claimant

Mr Dickins

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Respondent breached the implied term of trust and confidence
  2. 2 Whether the Claimant resigned in response to the breach
  3. 3 Whether employment status could be raised on appeal

Ratio Decidendi

The Respondent breached the implied term of trust and confidence, causing the Claimant to resign; employment status was not an issue before the Tribunal and cannot be raised on appeal.

Court Disposition

Appeal dismissed

Orders

  • Costs of counsel attending the hearing (excluding conference and skeleton) awarded to Claimant, subject to submissions and schedule