Owens v Wealden District Council [2005] UKEAT 0186_05_2207 (22 July 2005)

Owens v Wealden District Council [2005] UKEAT 0186_05_2207 (22 July 2005)

Giving and working contractual notice after repudiatory breach does not amount to affirmation of contract; extension of notice period by mutual agreement does not bar constructive dismissal claim.

Citation
[2005] UKEAT 0186_05_2207
Parties
Appellant: Ms Owens; Respondent: Wealden District Council
Jurisdiction
United Kingdom
Judgment Date
22 July 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Affirmation of Contract, Termination With Notice
Employment Law Constructive Dismissal Affirmation of Contract Termination With Notice

Case Brief

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Parties

Ms Owens

Appellant

Wealden District Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether extension of notice period by employee amounts to affirmation of contract and bars constructive dismissal claim

Ratio Decidendi

Giving and working contractual notice after repudiatory breach does not amount to affirmation of contract; extension of notice period by mutual agreement does not bar constructive dismissal claim.

Court Disposition

appeal allowed

Orders

  • Employment Tribunal's judgment set aside
  • Case remitted to a different Employment Tribunal for full hearing of liability issue