Jones v Customs & Excise [1995] UKEAT 694_93_2802 (28 February 1995)

Jones v Customs & Excise [1995] UKEAT 694_93_2802 (28 February 1995)

The Tribunal correctly found that Mr Jones did not resign but applied for early retirement, thereby affirming his contract and not satisfying the essential element of resignation required for constructive dismissal. The Tribunal's decision was not so unreasonable as to warrant interference on appeal.

Source-derived case information.

Citation
[1995] UKEAT 694_93_2802
Parties
Appellant: Mr Jones; Respondents: HM Customs & Excise
Jurisdiction
United Kingdom
Judgment Date
28 February 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Early Retirement, Employment Contract
Employment Law Constructive Dismissal Unfair Dismissal Early Retirement Employment Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Jones

Appellant

HM Customs & Excise

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Jones was constructively dismissed under section 55(2) of the Employment Protection (Consolidation) Act
  2. 2 Whether the Tribunal erred in law in finding that Mr Jones had not resigned but opted for early retirement

Ratio Decidendi

The Tribunal correctly found that Mr Jones did not resign but applied for early retirement, thereby affirming his contract and not satisfying the essential element of resignation required for constructive dismissal. The Tribunal's decision was not so unreasonable as to warrant interference on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.