RECEPTEK v Pearce (Contract of Employment : Implied Term/Variation/Construction of Term) [2014] UKEAT 0186_14_0910 (09 October 2014)
The employer's conduct on 12 August, including indicating a desire for the claimant to leave and threatening disciplinary proceedings without reasonable and proper cause, breached the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
- Citation
- [2014] UKEAT 0186_14_0910
- Parties
- Claimant: Mr Pearce; Respondent: Receptek Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 October 2014
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Constructive Dismissal, Implied Term of Trust and Confidence, Unfair Dismissal, Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Pearce
Claimant
Receptek Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the employer breached the implied term of trust and confidence
- 2 Whether the claimant was constructively and unfairly dismissed
- 3 Whether the employer had reasonable and proper cause for its conduct
Ratio Decidendi
The employer's conduct on 12 August, including indicating a desire for the claimant to leave and threatening disciplinary proceedings without reasonable and proper cause, breached the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
Court Disposition
Appeal dismissed
Orders
- No relief granted to appellant
- Employment Tribunal's decision upheld
Full Case Text
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