Aiken Ltd v Wilton & Anor [1997] UKEAT 1085_96_2701 (27 January 1997)

Aiken Ltd v Wilton & Anor [1997] UKEAT 1085_96_2701 (27 January 1997)

The unilateral reduction in pay following the transfer constituted a fundamental breach of contract, entitling the applicant to treat himself as constructively dismissed. No valid economic, technical, or organisational defence was presented, making the dismissal unfair.

Citation
[1997] UKEAT 1085_96_2701
Parties
Applicant: Mr Wilton; First Respondent: Henry W. Aiken Ltd; Second Respondent: Aiken Ltd
Jurisdiction
United Kingdom
Judgment Date
27 January 1997
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Transfer of Undertakings, Variation of Contractual Terms
Employment Law Constructive Dismissal Transfer of Undertakings Variation of Contractual Terms

Case Brief

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Parties

Mr Wilton

Applicant

Henry W. Aiken Ltd

First Respondent

Aiken Ltd

Second Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the unilateral variation to the applicant's terms and conditions following a relevant transfer constituted constructive dismissal
  2. 2 Whether the dismissal was unfair under employment law

Ratio Decidendi

The unilateral reduction in pay following the transfer constituted a fundamental breach of contract, entitling the applicant to treat himself as constructively dismissed. No valid economic, technical, or organisational defence was presented, making the dismissal unfair.

Court Disposition

Appeal dismissed

Orders

  • Compensation for unfair dismissal assessed at £3,774.88