McClymont v Fenchurch Group Services Ltd [1997] UKEAT 1419_96_1605 (16 May 1997)

The Tribunal found no conduct by the respondent amounting to a significant breach of contract; the appellant resigned voluntarily, so there was no dismissal and the claim for unfair dismissal fails.

Citation: [1997] UKEAT 1419_96_1605
Parties: Appellant: Mr McClymont; Respondent: Fenchurch Group Services Ltd
Jurisdiction: United Kingdom
Judgment Date: 16 May 1997
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: appeal dismissed
Legal Topics: Constructive Dismissal, Unfair Dismissal, Disciplinary Procedure

Employment Law Constructive Dismissal Unfair Dismissal Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr McClymont

Appellant

Fenchurch Group Services Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the appellant was constructively dismissed
2 Whether the respondent's conduct amounted to a significant breach of contract
3 Whether the claim for unfair dismissal succeeds

Ratio Decidendi

The Tribunal found no conduct by the respondent amounting to a significant breach of contract; the appellant resigned voluntarily, so there was no dismissal and the claim for unfair dismissal fails.

Court Disposition

appeal dismissed