Smith v. GEC Marconi Command Defence Systems Ltd [2000] UKEAT 835_99_0307 (3 July 2000)

Smith v. GEC Marconi Command Defence Systems Ltd [2000] UKEAT 835_99_0307 (3 July 2000)

Mr Smith's employment terminated on 30 April 1998 pursuant to his resignation of 26 January 1998, which he did not withdraw. The events of 15 April 1998, while potentially amounting to constructive dismissal if acted upon, were not relied upon by Mr Smith as the basis for termination. Therefore, the Tribunal was correct to find that there was no constructive dismissal and to dismiss the claim.

Citation
[2000] UKEAT 835_99_0307
Parties
Appellant: Mr Smith; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
03 July 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Effective Date of Termination, Jurisdiction of Tribunal, Affirmation of Contract
Employment Law Constructive Dismissal Unfair Dismissal Effective Date of Termination Jurisdiction of Tribunal Affirmation of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Smith

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Mr Smith was constructively dismissed
  2. 2 Whether events after resignation could be relied upon for constructive dismissal
  3. 3 Whether the effective date of termination was 15 April or 30 April 1998

Ratio Decidendi

Mr Smith's employment terminated on 30 April 1998 pursuant to his resignation of 26 January 1998, which he did not withdraw. The events of 15 April 1998, while potentially amounting to constructive dismissal if acted upon, were not relied upon by Mr Smith as the basis for termination. Therefore, the Tribunal was correct to find that there was no constructive dismissal and to dismiss the claim.

Court Disposition

Appeal dismissed