McCleary v McKeag & Company [1996] UKEAT 1163_95_2003 (20 March 1996)

McCleary v McKeag & Company [1996] UKEAT 1163_95_2003 (20 March 1996)

The tribunal found that although there was a breach of an implied term regarding supervision, the appellant did not resign in response to that breach but rather due to a desire for higher pay. Therefore, there was no constructive or unfair dismissal.

Source-derived case information.

Citation
[1996] UKEAT 1163_95_2003
Parties
Appellant: Mrs McCleary; Respondent: Respondents (unnamed)
Jurisdiction
United Kingdom
Judgment Date
20 March 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal
Employment Law Constructive Dismissal Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs McCleary

Appellant

Respondents (unnamed)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant was constructively dismissed within the meaning of Section 55 of the 1978 Act
  2. 2 Whether the appellant was unfairly dismissed under Section 54(1) of the 1978 Act

Ratio Decidendi

The tribunal found that although there was a breach of an implied term regarding supervision, the appellant did not resign in response to that breach but rather due to a desire for higher pay. Therefore, there was no constructive or unfair dismissal.

Court Disposition

appeal dismissed