Hirani v Dome Cosmetics Ltd [2000] UKEAT 1390_98_0906 (9 June 2000)

Hirani v Dome Cosmetics Ltd [2000] UKEAT 1390_98_0906 (9 June 2000)

The appellant repudiated the contract by failing to attend work and disciplinary hearings, breaching implied terms of obedience and attendance; the respondent was entitled to treat the contract as at an end and deny pay in lieu of notice.

Citation
[2000] UKEAT 1390_98_0906
Parties
Appellant: Shamus Hirani; Respondent: Dome Cosmetics Ltd
Jurisdiction
United Kingdom
Judgment Date
09 June 2000
Procedural Posture
Employment Contract Appeal / Full Hearing Before Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Implied Terms, Disciplinary Procedure, Termination of Employment, Pay in Lieu of Notice, Procedural Fairness
Employment Law Contract Law Implied Terms Disciplinary Procedure Termination of Employment Pay in Lieu of Notice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Shamus Hirani

Appellant

Dome Cosmetics Ltd

Respondent

Procedural Posture

Employment Contract Appeal / Full Hearing Before Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the employment contract was repudiated by the appellant's conduct
  2. 2 Whether implied terms regarding attendance and obedience to reasonable instructions were properly applied
  3. 3 Whether the disciplinary hearing was conducted fairly and impartially

Ratio Decidendi

The appellant repudiated the contract by failing to attend work and disciplinary hearings, breaching implied terms of obedience and attendance; the respondent was entitled to treat the contract as at an end and deny pay in lieu of notice.

Court Disposition

appeal dismissed