Rogers v Microblade Ltd [2009] UKEAT 0041_09_1906 (19 June 2009)

Rogers v Microblade Ltd [2009] UKEAT 0041_09_1906 (19 June 2009)

The employer's letter of 17 April 2008 expressly terminated the claimant's old contract and offered immediate re-engagement under a new contract, which constitutes a dismissal under s95(1)(a) Employment Rights Act 1996. The Employment Tribunal erred by considering prior negotiations and grievance history rather than the plain meaning of the letter.

Citation
[2009] UKEAT 0041_09_1906
Parties
Appellant: Mr Rogers; Respondent: Microblade Ltd
Jurisdiction
United Kingdom
Judgment Date
19 June 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside
Legal Topics
Unfair Dismissal, Contract Variation, Re Engagement, Section 95(1)(a) Employment Rights Act 1996
Employment Law Unfair Dismissal Contract Variation Re Engagement Section 95(1)(a) Employment Rights Act 1996

Case Brief

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Parties

Mr Rogers

Appellant

Microblade Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer's letter of 17 April 2008 constituted a dismissal under s95(1)(a) Employment Rights Act 1996
  2. 2 Whether the change in terms and conditions amounted to termination and re-engagement or mere variation

Ratio Decidendi

The employer's letter of 17 April 2008 expressly terminated the claimant's old contract and offered immediate re-engagement under a new contract, which constitutes a dismissal under s95(1)(a) Employment Rights Act 1996. The Employment Tribunal erred by considering prior negotiations and grievance history rather than the plain meaning of the letter.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside

Orders

  • Matter remitted to a fresh Employment Tribunal for consideration of remaining issues on the basis that the claimant was dismissed by the respondent effective 21 April 2008