Hewitt v Silverstone Driving Centre [1997] UKEAT 1182_96_1102 (11 February 1997)

Hewitt v Silverstone Driving Centre [1997] UKEAT 1182_96_1102 (11 February 1997)

The failure to set and agree bonus and commission rates by December 1995 did not constitute a breach of contract because time was not of the essence, no express provision or notice was given, and thus the appellant was not constructively dismissed.

Citation
[1997] UKEAT 1182_96_1102
Parties
Appellant: Mrs E Hewitt; Respondent: Silverstone Circuits Ltd
Jurisdiction
United Kingdom
Judgment Date
11 February 1997
Procedural Posture
Employment Appeal / Preliminary Application for Leave to Proceed to Full Hearing
Outcome
Application dismissed
Legal Topics
Constructive Dismissal, Repudiatory Breach of Contract, Implied Term of Mutual Trust and Confidence
Employment Law Constructive Dismissal Repudiatory Breach of Contract Implied Term of Mutual Trust and Confidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mrs E Hewitt

Appellant

Silverstone Circuits Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Application for Leave to Proceed to Full Hearing

Legal Issues

  1. 1 Whether failure to set bonus and commission rates by a specific date constituted a repudiatory breach of contract amounting to constructive dismissal
  2. 2 Whether time was of the essence in the contractual obligation to agree targets and commission rates annually

Ratio Decidendi

The failure to set and agree bonus and commission rates by December 1995 did not constitute a breach of contract because time was not of the essence, no express provision or notice was given, and thus the appellant was not constructively dismissed.

Court Disposition

Application dismissed

Orders

  • Leave to proceed to a full hearing refused