Opal Telecom Ltd v Rowe [2007] UKEAT 0515_06_1904 (19 April 2007)

Opal Telecom Ltd v Rowe [2007] UKEAT 0515_06_1904 (19 April 2007)

The Employment Tribunal's findings of fact regarding procedural breaches, unfair disciplinary actions, and delays were open to them and not perverse; these breaches cumulatively justified the respondent's resignation as constructive dismissal.

Citation
[2007] UKEAT 0515_06_1904
Parties
Appellant: Opal Telecom Ltd; Respondent: Carolyn Rowe
Jurisdiction
United Kingdom
Judgment Date
19 April 2007
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Disciplinary Procedures, Breach of Contract, Mutual Trust and Confidence, Perversity, Unfair Dismissal
Employment Law Constructive Dismissal Disciplinary Procedures Breach of Contract Mutual Trust and Confidence Perversity Unfair Dismissal

Case Brief

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Parties

Opal Telecom Ltd

Appellant

Carolyn Rowe

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal's finding of constructive dismissal was perverse
  2. 2 Whether procedural breaches by the employer justified resignation
  3. 3 Whether delay and handling of grievances breached implied terms of trust and confidence

Ratio Decidendi

The Employment Tribunal's findings of fact regarding procedural breaches, unfair disciplinary actions, and delays were open to them and not perverse; these breaches cumulatively justified the respondent's resignation as constructive dismissal.

Court Disposition

appeal dismissed

Orders

  • Employment Tribunal's finding of constructive dismissal upheld
  • No further relief granted to appellant