The Parisa Group v. Gaskell [2000] UKEAT 997_00_0412 (4 December 2000)
The unilateral reduction of staff hours without consultation constituted a fundamental breach of contract, undermining mutual trust and confidence, entitling the Applicant to resign and claim constructive dismissal. The dismissal was therefore unfair and the deduction of £428 from wages was unlawful.
- Citation
- [2000] UKEAT 997_00_0412
- Parties
- Appellant: Respondent company; Respondent: Applicant
- Jurisdiction
- United Kingdom
- Judgment Date
- 04 December 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- appeal dismissed
- Legal Topics
- Constructive Dismissal, Unfair Dismissal, Unlawful Deduction of Wages
Case Brief
Summary, issues, holding and outcome
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Parties
Respondent company
Appellant
Applicant
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the Applicant was constructively dismissed
- 2 Whether the dismissal was unfair
- 3 Whether there were unlawful deductions from wages
Ratio Decidendi
The unilateral reduction of staff hours without consultation constituted a fundamental breach of contract, undermining mutual trust and confidence, entitling the Applicant to resign and claim constructive dismissal. The dismissal was therefore unfair and the deduction of £428 from wages was unlawful.
Court Disposition
appeal dismissed
Orders
- Appeal by Respondent company dismissed at preliminary hearing
- Employment Tribunal's findings of constructive dismissal, unfair dismissal, and unlawful deduction of £428 wages upheld
Full Case Text
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