Roberts v Whitecross School (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0070_12_1906 (19 June 2012)
The respondent's settled communicated intention to pay half rather than full pay was a fundamental anticipatory breach of contract, going to the root of the employment contract, regardless of honest mistaken belief about contractual interpretation.
- Citation
- [2012] UKEAT 0070_12_1906
- Parties
- Appellant: Mr Roberts; Respondent: Gloucestershire County Council
- Jurisdiction
- United Kingdom
- Judgment Date
- 19 June 2012
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Constructive Dismissal, Unfair Dismissal, Breach of Contract, Sick Pay Entitlement
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Roberts
Appellant
Gloucestershire County Council
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Legal Issues
- 1 Whether the respondent's settled intention to pay half rather than full pay constituted a fundamental breach of contract
- 2 Whether such breach enabled the claimant to resign and claim constructive dismissal
Ratio Decidendi
The respondent's settled communicated intention to pay half rather than full pay was a fundamental anticipatory breach of contract, going to the root of the employment contract, regardless of honest mistaken belief about contractual interpretation.
Court Disposition
appeal allowed
Orders
- Case remitted to a differently constituted Employment Tribunal for rehearing on the basis that the anticipatory breach of contract by the respondent was fundamental.
Full Case Text
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