McLoughlin v. Post Office [2000] UKEAT 670_00_0112 (1 December 2000)

McLoughlin v. Post Office [2000] UKEAT 670_00_0112 (1 December 2000)

The tribunal was entitled to find that Mr McLoughlin affirmed his contract by remaining employed and drawing sick pay for several months after the rejection of his appeal, and that his claim for constructive dismissal could not succeed.

Citation
[2000] UKEAT 670_00_0112
Parties
Appellant: Mr McLoughlin; Respondent: Royal Mail
Jurisdiction
United Kingdom
Judgment Date
01 December 2000
Procedural Posture
Employment Appeal / Preliminary Hearing, Ex Parte
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Affirmation of Contract, Disciplinary Procedures
Employment Law Constructive Dismissal Breach of Contract Affirmation of Contract Disciplinary Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Mr McLoughlin

Appellant

Royal Mail

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing, Ex Parte

Legal Issues

  1. 1 Whether Mr McLoughlin's resignation constituted constructive dismissal
  2. 2 Whether the claim included a free-standing breach of contract
  3. 3 Whether the passage of time and receipt of sick pay amounted to affirmation of contract

Ratio Decidendi

The tribunal was entitled to find that Mr McLoughlin affirmed his contract by remaining employed and drawing sick pay for several months after the rejection of his appeal, and that his claim for constructive dismissal could not succeed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary hearing; no further proceedings.