Devoy v. World Duty Free (Europe) Ltd [2000] UKEAT 59_00_2711 (27 November 2000)

Devoy v. World Duty Free (Europe) Ltd [2000] UKEAT 59_00_2711 (27 November 2000)

The Employment Tribunal misdirected itself by applying a reasonableness test rather than determining whether the respondent breached the express term (Clause 7.6) requiring appeals to be heard as soon as practicable. The case must be remitted to the tribunal to decide if the delay constituted a breach and if it was...

Source-derived case information.

Citation
[2000] UKEAT 59_00_2711
Parties
Appellant: Mrs Devoy; Respondent: Respondent (unnamed employer)
Jurisdiction
United Kingdom
Judgment Date
27 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal allowed; matter remitted to Employment Tribunal for further hearing.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract, Implied Terms, Disciplinary Procedures, Appeal Process
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Implied Terms Disciplinary Procedures Appeal Process

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Summary, issues, holding and outcome

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Parties

Mrs Devoy

Appellant

Respondent (unnamed employer)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether delay in hearing disciplinary appeal constituted breach of contract justifying constructive dismissal
  2. 2 Whether respondent breached express term requiring appeals to be heard as soon as practicable
  3. 3 Whether delay was sufficiently serious to amount to constructive dismissal

Ratio Decidendi

The Employment Tribunal misdirected itself by applying a reasonableness test rather than determining whether the respondent breached the express term (Clause 7.6) requiring appeals to be heard as soon as practicable. The case must be remitted to the tribunal to decide if the delay constituted a breach and if it was sufficiently serious to amount to constructive dismissal.

Court Disposition

Appeal allowed; matter remitted to Employment Tribunal for further hearing.

Orders

  • Remit to same Employment Tribunal (if possible) to decide if respondent breached Clause 7.6 and if breach was sufficiently serious to amount to constructive dismissal.
  • No order for costs.