Curley v. Nuffield Nursing Homes Trust [2000] UKEAT 651_00_0311 (3 November 2000)

Curley v. Nuffield Nursing Homes Trust [2000] UKEAT 651_00_0311 (3 November 2000)

There was no breach of any express or implied contractual duty by the respondent; the appellant's resignation did not fall within the provisions of Section 95(1)(c) of the Employment Rights Act 1996, and the claim for unfair dismissal fails.

Citation
[2000] UKEAT 651_00_0311
Parties
Appellant: Proposed Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
03 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Proposed Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant was constructively dismissed
  2. 2 Whether there was a breach of contract by the respondent
  3. 3 Whether the appellant's resignation constituted unfair dismissal under Section 95(1)(c) of the Employment Rights Act 1996

Ratio Decidendi

There was no breach of any express or implied contractual duty by the respondent; the appellant's resignation did not fall within the provisions of Section 95(1)(c) of the Employment Rights Act 1996, and the claim for unfair dismissal fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary hearing stage.