Bedford v. Pilgrims Group Ltd [2010] UKEAT 0106_10_2506 (25 June 2010)

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

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Parties

Mr Bedford

Claimant/appellant

Pilgrims Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

  1. 1 Whether non-payment of four days holiday pay amounted to a repudiatory breach of contract justifying constructive dismissal
  2. 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