Marshall v. BCM Group Plc [2003] UKEAT 0401_03_2207 (22 July 2003)

Marshall v. BCM Group Plc [2003] UKEAT 0401_03_2207 (22 July 2003)

The Tribunal was entitled to find constructive dismissal based on the Respondent's conduct in issuing two disciplinary warnings without reasonable and proper cause, against the background of unresolved grievances, which cumulatively undermined trust and confidence. However, the Tribunal erred in law by limiting the compensatory award solely to the period up to the Applicant's employment with ABS Technologies and by imposing an unduly high obligation to mitigate loss by disregarding restrictive covenants without proper factual findings.

Citation
[2003] UKEAT 0401_03_2207
Parties
Appellant: Mr Marshall; Respondent: BCM Group Plc
Jurisdiction
United Kingdom
Judgment Date
22 July 2003
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Cross-appeal dismissed; appeal allowed; matter remitted for further consideration of compensatory award.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Compensatory Award, Mitigation of Loss, Restrictive Covenants
Employment Law Constructive Dismissal Unfair Dismissal Compensatory Award Mitigation of Loss Restrictive Covenants

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Marshall

Appellant

BCM Group Plc

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Respondent's conduct amounted to a repudiatory breach justifying constructive dismissal
  2. 2 Whether the disciplinary warnings and grievance handling breached the implied term of trust and confidence
  3. 3 Whether the Tribunal erred in law in limiting the compensatory award based on mitigation and restrictive covenants

Ratio Decidendi

The Tribunal was entitled to find constructive dismissal based on the Respondent's conduct in issuing two disciplinary warnings without reasonable and proper cause, against the background of unresolved grievances, which cumulatively undermined trust and confidence. However, the Tribunal erred in law by limiting the compensatory award solely to the period up to the Applicant's employment with ABS Technologies and by imposing an unduly high obligation to mitigate loss by disregarding restrictive covenants without proper factual findings.

Court Disposition

Cross-appeal dismissed; appeal allowed; matter remitted for further consideration of compensatory award.

Orders

  • Cross-appeal by Respondent dismissed; finding of constructive dismissal upheld.
  • Appeal by Applicant allowed; compensatory award to be reconsidered.