Messer & Anor v. Balfour 2000 Ltd [2001] UKEAT 0159_01_2006 (20 June 2001)

Messer & Anor v. Balfour 2000 Ltd [2001] UKEAT 0159_01_2006 (20 June 2001)

The Tribunal correctly found that the applicants voluntarily resigned and were not constructively dismissed, and that the extension of trading hours did not constitute a breach of contract or violation of minimum wage laws.

Citation
[2001] UKEAT 0159_01_2006
Parties
Appellant: Roger Messer; Appellant: Maureen Messer; Respondent: Balfour 2000 Ltd
Jurisdiction
United Kingdom
Judgment Date
20 June 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Minimum Wage
Employment Law Constructive Dismissal Breach of Contract Minimum Wage

Case Brief

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Parties

Roger Messer

Appellant

Maureen Messer

Appellant

Balfour 2000 Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in law by dismissing claims of unfair constructive dismissal and breach of contract
  2. 2 Whether extension of trading hours without extra pay constituted breach of contract or violation of National Minimum Wage Act 1998

Ratio Decidendi

The Tribunal correctly found that the applicants voluntarily resigned and were not constructively dismissed, and that the extension of trading hours did not constitute a breach of contract or violation of minimum wage laws.

Court Disposition

appeal dismissed