Brown v Wirral Metropolitan Borough Council [1993] UKEAT 129_92_2402 (24 February 1993)

Brown v Wirral Metropolitan Borough Council [1993] UKEAT 129_92_2402 (24 February 1993)

The Tribunal erred by treating cessation of work and non-payment as decisive and giving only marginal importance to the employer's belief that the contract was continuing; the preliminary issue of the effective date of termination must be retried before a new tribunal.

Citation
[1993] UKEAT 129_92_2402
Parties
Appellant: Mrs E Andrew; Respondent: Wirral Borough Council
Jurisdiction
United Kingdom
Judgment Date
24 February 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Effective Date of Termination, Jurisdiction, Out of Time Application
Employment Law Constructive Dismissal Effective Date of Termination Jurisdiction Out of Time Application

Case Brief

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Parties

Mrs E Andrew

Appellant

Wirral Borough Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision

Legal Issues

  1. 1 What is the effective date of termination for the purposes of limitation in a constructive dismissal claim?
  2. 2 Did the Industrial Tribunal apply the correct legal test in determining the date of termination?

Ratio Decidendi

The Tribunal erred by treating cessation of work and non-payment as decisive and giving only marginal importance to the employer's belief that the contract was continuing; the preliminary issue of the effective date of termination must be retried before a new tribunal.

Court Disposition

appeal allowed

Orders

  • Preliminary issue of effective date of termination to be retried before a new tribunal