Gates v Cosworth Engineering [1997] UKEAT 115_97_2907 (29 July 1997)

Gates v Cosworth Engineering [1997] UKEAT 115_97_2907 (29 July 1997)

The Industrial Tribunal erred in law by failing to consider whether the cumulative series of breaches by the employer, including the final incident regarding holiday and sick pay, amounted to a breach of the implied term of trust and confidence under the 'last straw' doctrine. The Tribunal did not apply the correct legal test as set out in Lewis v Motorworld Garages Ltd.

Citation
[1997] UKEAT 115_97_2907
Parties
Appellant: Mr Gates; Respondent: Cosworth Engineering
Jurisdiction
United Kingdom
Judgment Date
29 July 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted to the same tribunal for reconsideration in accordance with the correct legal principles.
Legal Topics
Constructive Dismissal, Breach of Contract, Implied Term of Trust and Confidence, Last Straw Doctrine
Employment Law Constructive Dismissal Breach of Contract Implied Term of Trust and Confidence Last Straw Doctrine

Case Brief

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Parties

Mr Gates

Appellant

Cosworth Engineering

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law by failing to apply the 'last straw' doctrine in a constructive dismissal claim
  2. 2 Whether the employee's delay in resigning after breaches of contract precluded a finding of constructive dismissal

Ratio Decidendi

The Industrial Tribunal erred in law by failing to consider whether the cumulative series of breaches by the employer, including the final incident regarding holiday and sick pay, amounted to a breach of the implied term of trust and confidence under the 'last straw' doctrine. The Tribunal did not apply the correct legal test as set out in Lewis v Motorworld Garages Ltd.

Court Disposition

Appeal allowed; case remitted to the same tribunal for reconsideration in accordance with the correct legal principles.

Orders

  • Case remitted to the same Industrial Tribunal for reconsideration applying the 'last straw' doctrine and cumulative breach principles.
  • No order for costs.