Coad v. Blows [2000] UKEAT 519_00_2306 (23 June 2000)

Coad v. Blows [2000] UKEAT 519_00_2306 (23 June 2000)

It is reasonably arguable that the Tribunal erred in law in its findings regarding constructive dismissal, misconduct, repudiatory breach, and the necessity of communication of acceptance, warranting that the appeal proceed.

Source-derived case information.

Citation
[2000] UKEAT 519_00_2306
Parties
Appellant: Mrs Coad; Respondent: Mrs Blows
Jurisdiction
United Kingdom
Judgment Date
23 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing (ex Parte)
Outcome
Appeal allowed to proceed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Repudiatory Breach, Implied Term of Trust and Confidence
Employment Law Unfair Dismissal Constructive Dismissal Repudiatory Breach Implied Term of Trust and Confidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Coad

Appellant

Mrs Blows

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing (ex Parte)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding constructive dismissal when only actual dismissal was asserted
  2. 2 Whether a finding of dismissal for misconduct is inconsistent with constructive dismissal
  3. 3 Whether it was perverse to find a repudiatory breach based on failure to address strained staff relations

Ratio Decidendi

It is reasonably arguable that the Tribunal erred in law in its findings regarding constructive dismissal, misconduct, repudiatory breach, and the necessity of communication of acceptance, warranting that the appeal proceed.

Court Disposition

Appeal allowed to proceed

Orders

  • Amended Notice of Appeal to be served within 21 days
  • Skeleton arguments to be exchanged no later than seven days before the hearing