O'Leary v Perkins Engines Ltd [1996] UKEAT 1055_95_0902 (9 February 1996)

The Tribunal found that the respondent did not breach the appellant's contract and did not force him to retire; the appellant resigned voluntarily, and no error of law was identified.

Citation: [1996] UKEAT 1055_95_0902
Parties: Appellant: Mr O'Leary; Respondent: Perkins Engines Ltd
Jurisdiction: United Kingdom
Judgment Date: 09 February 1996
Procedural Posture: Employee Appeal Against Industrial Tribunal Decision / Preliminary Hearing Ex Parte
Outcome: appeal dismissed
Legal Topics: Constructive Dismissal, Unfair Dismissal, Resignation Under Stress

Employment Law Constructive Dismissal Unfair Dismissal Resignation Under Stress

Case Brief

Summary, issues, holding and outcome

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Parties

Mr O'Leary

Appellant

Perkins Engines Ltd

Respondent

Procedural Posture

Employee Appeal Against Industrial Tribunal Decision / Preliminary Hearing Ex Parte

Legal Issues

1 whether the appellant was dismissed or constructively dismissed
2 whether an employer can accept a resignation from an employee known to be under severe stress

Ratio Decidendi

The Tribunal found that the respondent did not breach the appellant's contract and did not force him to retire; the appellant resigned voluntarily, and no error of law was identified.

Court Disposition

appeal dismissed

Orders

appeal dismissed at preliminary hearing