Fagan v. Itnet Plc [2001] UKEAT 1155_01_1910 (19 October 2001)

Fagan v. Itnet Plc [2001] UKEAT 1155_01_1910 (19 October 2001)

The Employment Tribunal's findings that the investigation was fair and no breach of contract occurred were justified. After-discovered conduct cannot justify acceptance of repudiation, and predetermination was not established. The appeal grounds lacked merit.

Citation
[2001] UKEAT 1155_01_1910
Parties
Appellant: Mr Michael Fagan; Respondent: ITNet
Jurisdiction
United Kingdom
Judgment Date
19 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Unfair Dismissal, Breach of Contract, Implied Term of Trust and Confidence
Employment Law Constructive Unfair Dismissal Breach of Contract Implied Term of Trust and Confidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Michael Fagan

Appellant

ITNet

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent breached the implied term of mutual trust and confidence
  2. 2 Whether after-discovered conduct of the employer can justify acceptance of repudiation
  3. 3 Whether the disciplinary investigation was predetermined or unfair

Ratio Decidendi

The Employment Tribunal's findings that the investigation was fair and no breach of contract occurred were justified. After-discovered conduct cannot justify acceptance of repudiation, and predetermination was not established. The appeal grounds lacked merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.