Kinmond v Rushton Connections Ltd [1997] UKEAT 799_97_2010 (20 October 1997)

Kinmond v Rushton Connections Ltd [1997] UKEAT 799_97_2010 (20 October 1997)

The contractual situation arising from the memorandum requires reconsideration; the matter should proceed to a full hearing to determine if constructive dismissal occurred.

Citation
[1997] UKEAT 799_97_2010
Parties
Appellant: Mrs Kinmond; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
20 October 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to full hearing before Employment Appeal Tribunal.
Legal Topics
Constructive Dismissal, Contractual Repudiation, Redundancy
Employment Law Constructive Dismissal Contractual Repudiation Redundancy

Case Brief

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Parties

Mrs Kinmond

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the memorandum dated 6 November constituted anticipatory repudiation of contract
  2. 2 Whether Mrs Kinmond was constructively dismissed

Ratio Decidendi

The contractual situation arising from the memorandum requires reconsideration; the matter should proceed to a full hearing to determine if constructive dismissal occurred.

Court Disposition

Matter to proceed to full hearing before Employment Appeal Tribunal.

Orders

  • Matter referred for full hearing