O'Brien v. National Glass Centre Ltd [2001] UKEAT 0133_01_2606 (26 June 2001)

O'Brien v. National Glass Centre Ltd [2001] UKEAT 0133_01_2606 (26 June 2001)

The majority of the Employment Tribunal found that the conduct of Mr Robson, while aggressive and using industrial language, was not unusual in the context of commercial kitchens and did not amount to a fundamental breach of the implied term of mutual trust and confidence; both parties were equally blameworthy, and the employer had not endorsed Mr Robson's behaviour.

Citation
[2001] UKEAT 0133_01_2606
Parties
Applicant: Mr O'Brien; Respondent: National Glass Centre; Appellant's Counsel: JOHN FALKENSTEIN
Jurisdiction
United Kingdom
Judgment Date
26 June 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Mutual Trust and Confidence, TUPE Regulations
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Mutual Trust and Confidence TUPE Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Mr O'Brien

Applicant

National Glass Centre

Respondent

JOHN FALKENSTEIN

Appellant's Counsel

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 the applicant was constructively unfairly dismissed

Ratio Decidendi

The majority of the Employment Tribunal found that the conduct of Mr Robson, while aggressive and using industrial language, was not unusual in the context of commercial kitchens and did not amount to a fundamental breach of the implied term of mutual trust and confidence; both parties were equally blameworthy, and the employer had not endorsed Mr Robson's behaviour.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary hearing stage.