Morrow v. Safeway Stores Plc [2000] UKEAT 275_00_1206 (12 June 2000)

Morrow v. Safeway Stores Plc [2000] UKEAT 275_00_1206 (12 June 2000)

There are arguable points of law regarding whether a breach of the implied term to maintain trust and confidence must always be repudiatory and whether the Tribunal misdirected itself in law; these merit full argument before the Employment Appeal Tribunal.

Citation
[2000] UKEAT 275_00_1206
Parties
Appellant Counsel: Miss Tuck; Respondent: Mr Walsh
Jurisdiction
United Kingdom
Judgment Date
12 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter permitted to proceed to full hearing on two legal questions.
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Repudiatory Breach
Employment Law Constructive Dismissal Implied Term of Trust and Confidence Repudiatory Breach

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Tuck

Appellant Counsel

Mr Walsh

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether breach of implied term of trust and confidence is always repudiatory
  2. 2 Whether Employment Tribunal misdirected itself in law regarding seriousness of breach

Ratio Decidendi

There are arguable points of law regarding whether a breach of the implied term to maintain trust and confidence must always be repudiatory and whether the Tribunal misdirected itself in law; these merit full argument before the Employment Appeal Tribunal.

Court Disposition

Matter permitted to proceed to full hearing on two legal questions.

Orders

  • Case listed for 1 day, category C.
  • Skeleton arguments to be furnished in accordance with established practice.