Young v. Reading Borough Council [2001] UKEAT 0293_01_0309 (3 September 2001)

Young v. Reading Borough Council [2001] UKEAT 0293_01_0309 (3 September 2001)

The appeal should proceed to a full hearing because the application of the doctrine of consideration is not straightforward in this context, and there is an arguable case that a pre-existing agreement provided consideration. Additionally, the issue of loss and damages requires further examination.

Citation
[2001] UKEAT 0293_01_0309
Parties
Appellant: Mr Young; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
03 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Consideration, References, Resignation, Breach of Contract, Damages
Employment Law Contract Law Consideration References Resignation Breach of Contract Damages

Case Brief

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Parties

Mr Young

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether an agreement to provide a reference was legally binding due to lack of consideration
  2. 2 Whether there was a pre-existing agreement under which the appellant agreed to resign in return for a reference
  3. 3 Whether the appellant suffered any loss from the alleged breach of agreement

Ratio Decidendi

The appeal should proceed to a full hearing because the application of the doctrine of consideration is not straightforward in this context, and there is an arguable case that a pre-existing agreement provided consideration. Additionally, the issue of loss and damages requires further examination.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Chairman to supply notes of evidence relating to all dealings between appellant and respondents regarding resignation up to and including 19 November
  • Chairman to supply notes of evidence relating to who initiated the telephone conversation on 21 December