Boughton & Anor v. Audio Group International Ltd [2001] UKEAT 1202_00_2103 (21 March 2001)

Boughton & Anor v. Audio Group International Ltd [2001] UKEAT 1202_00_2103 (21 March 2001)

It is arguable that the employer's conduct in reducing the appellants' status and requiring clerical tasks may amount to repudiatory breach, and the Employment Tribunal may have erred in assuming affirmation of contract. Mrs Boughton's unfair dismissal claim and both appellants' breach of fixed term contract claims...

Source-derived case information.

Citation
[2001] UKEAT 1202_00_2103
Parties
Appellant: Mrs Boughton; Appellant: Mr Boughton; Respondent: Heybrook Ltd / AGI Group
Jurisdiction
United Kingdom
Judgment Date
21 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal permitted to proceed in part
Legal Topics
Constructive Unfair Dismissal, Breach of Fixed Term Contract, Retirement Age, Affirmation of Contract, Repudiatory Conduct
Employment Law Constructive Unfair Dismissal Breach of Fixed Term Contract Retirement Age Affirmation of Contract Repudiatory Conduct

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Summary, issues, holding and outcome

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Parties

Mrs Boughton

Appellant

Mr Boughton

Appellant

Heybrook Ltd / AGI Group

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer's conduct amounted to repudiatory breach justifying constructive unfair dismissal
  2. 2 Whether the appellants affirmed the contract after breach
  3. 3 Whether the reduction in status constituted a breach of contract

Ratio Decidendi

It is arguable that the employer's conduct in reducing the appellants' status and requiring clerical tasks may amount to repudiatory breach, and the Employment Tribunal may have erred in assuming affirmation of contract. Mrs Boughton's unfair dismissal claim and both appellants' breach of fixed term contract claims may proceed. Mr Boughton's unfair dismissal claim fails due to statutory retirement age.

Court Disposition

Appeal permitted to proceed in part

Orders

  • Mrs Boughton's unfair dismissal claim and both appellants' breach of fixed term contract claims may proceed to full hearing.
  • Mr Boughton's unfair dismissal claim is not permitted to proceed.