Bedford v. Pilgrims Group Ltd [2010] UKEAT 0106_10_2506 (25 June 2010)
The Employment Tribunal was entitled to find that the non-payment of four days holiday pay was a minor breach, not amounting to a repudiatory breach of contract, and that the respondent's conduct did not cumulatively undermine trust and confidence. Therefore, the claimant was not constructively dismissed.
- Citation
- [2010] UKEAT 0106_10_2506
- Parties
- Claimant/appellant: Mr Bedford; Respondent: Pilgrims Group Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 25 June 2010
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Unfair Dismissal, Constructive Dismissal, Holiday Pay, Repudiatory Breach, Last Straw Doctrine, TUPE Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Bedford
Claimant/appellant
Pilgrims Group Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether non-payment of four days holiday pay amounted to a repudiatory breach of contract justifying constructive dismissal
- 2 Application of the last straw doctrine in constructive dismissal claims
Ratio Decidendi
The Employment Tribunal was entitled to find that the non-payment of four days holiday pay was a minor breach, not amounting to a repudiatory breach of contract, and that the respondent's conduct did not cumulatively undermine trust and confidence. Therefore, the claimant was not constructively dismissed.
Court Disposition
Appeal dismissed
Orders
- Claim for constructive unfair dismissal dismissed
- Award of £1,299.48 for unauthorised deductions (holiday pay and other sums) upheld
Full Case Text
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