Jones v London Borough Of Southwark & Anor [1997] UKEAT 748_96_3007 (30 July 1997)

Jones v London Borough Of Southwark & Anor [1997] UKEAT 748_96_3007 (30 July 1997)

The tribunal's decision was based on insufficient evidence to determine whether Mr Jones was constructively dismissed; the findings lacked a proper evidential foundation and failed to address the breach of contract issue adequately.

Citation
[1997] UKEAT 748_96_3007
Parties
Appellant: Mr Jones; 1st Respondent: London Borough of Southwark; 2nd Respondent: Botes Building Ltd
Jurisdiction
United Kingdom
Judgment Date
30 July 1997
Procedural Posture
Employment Appeal / Appeal Against Preliminary Tribunal Decision
Outcome
decision set aside, case remitted for rehearing
Legal Topics
Constructive Dismissal, Transfer of Undertakings, Unfair Dismissal, Trade Union Victimisation
Employment Law Constructive Dismissal Transfer of Undertakings Unfair Dismissal Trade Union Victimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Jones

Appellant

London Borough of Southwark

1st Respondent

Botes Building Ltd

2nd Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Tribunal Decision

Legal Issues

  1. 1 Was Mr Jones constructively dismissed by the London Borough of Southwark?
  2. 2 Did the failure to complete the grievance procedure before transfer constitute a fundamental breach of contract?
  3. 3 Was there sufficient evidential basis for the tribunal's findings of fact?

Ratio Decidendi

The tribunal's decision was based on insufficient evidence to determine whether Mr Jones was constructively dismissed; the findings lacked a proper evidential foundation and failed to address the breach of contract issue adequately.

Court Disposition

decision set aside, case remitted for rehearing

Orders

  • Case remitted for hearing afresh by a newly constituted tribunal of three persons.
  • Application for leave to appeal to the Court of Appeal refused.