Smith v. Bentwood Ltd [2000] UKEAT 1182_99_0902 (9 February 2000)

Smith v. Bentwood Ltd [2000] UKEAT 1182_99_0902 (9 February 2000)

The tribunal properly used lay members' industrial experience to evaluate evidence without substituting their own knowledge for the evidence; no unfair procedure occurred, and the respondent was not in fundamental breach of contract.

Citation
[2000] UKEAT 1182_99_0902
Parties
Appellant: Mrs Smith; Respondent: Bentwood Ltd
Jurisdiction
United Kingdom
Judgment Date
09 February 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Implied Terms, Unfair Procedure
Employment Law Constructive Dismissal Implied Terms Unfair Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Smith

Appellant

Bentwood Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent was in fundamental breach of contract entitling the appellant to claim constructive dismissal
  2. 2 Whether the tribunal adopted an unfair procedure by using lay members' specialist knowledge and conducting a factory visit

Ratio Decidendi

The tribunal properly used lay members' industrial experience to evaluate evidence without substituting their own knowledge for the evidence; no unfair procedure occurred, and the respondent was not in fundamental breach of contract.

Court Disposition

appeal dismissed