Mitchell v Burrell Of Burrell's Of King's Lynn [1997] UKEAT 1077_97_0310 (3 October 1997)

Mitchell v Burrell Of Burrell's Of King's Lynn [1997] UKEAT 1077_97_0310 (3 October 1997)

The tribunal found that no agreement was reached to vary the contract; discussions were only about possibilities, not a binding change. Therefore, there was no error of law in the tribunal's decision to dismiss the claims.

Citation
[1997] UKEAT 1077_97_0310
Parties
Appellant: Mrs Mitchell; Respondent: Mr Burrell
Jurisdiction
United Kingdom
Judgment Date
03 October 1997
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
appeal dismissed
Legal Topics
Maternity Rights, Unfair Dismissal, Sex Discrimination, Contract Variation
Employment Law Maternity Rights Unfair Dismissal Sex Discrimination Contract Variation

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 Party arguments 2
Sign in to unlock

Parties

Mrs Mitchell

Appellant

Mr Burrell

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether there was a variation of the contract of employment to allow part-time work from home after maternity leave
  2. 2 Whether the dismissal or refusal to allow part-time work constituted unfair dismissal or sex discrimination

Ratio Decidendi

The tribunal found that no agreement was reached to vary the contract; discussions were only about possibilities, not a binding change. Therefore, there was no error of law in the tribunal's decision to dismiss the claims.

Court Disposition

appeal dismissed