Fergusson & Anor v. Shepherd Neame Brewery Ltd [2005] UKEAT 0859_04_2804 (28 April 2005)

Fergusson & Anor v. Shepherd Neame Brewery Ltd [2005] UKEAT 0859_04_2804 (28 April 2005)

The Employment Tribunal misdirected itself by applying a 'continuous' rather than 'cumulative' test for constructive dismissal, contrary to established legal principles. This error necessitates remittal for reconsideration under the correct legal standard.

Citation
[2005] UKEAT 0859_04_2804
Parties
Appellants: Mr & Mrs Fergusson; Respondent: Shepherd Neame
Jurisdiction
United Kingdom
Judgment Date
28 April 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; matter remitted for rehearing before a differently constituted Tribunal.
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Unfair Dismissal, Breach of Contract
Employment Law Constructive Dismissal Implied Term of Trust and Confidence Unfair Dismissal Breach of Contract

Case Brief

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Parties

Mr & Mrs Fergusson

Appellants

Shepherd Neame

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for constructive dismissal by requiring a 'continuous' rather than 'cumulative' course of conduct
  2. 2 Whether the cumulative effect of the respondent's conduct amounted to a repudiatory breach of the implied term of trust and confidence
  3. 3 Whether procedural defects in disciplinary proceedings constituted a repudiatory breach

Ratio Decidendi

The Employment Tribunal misdirected itself by applying a 'continuous' rather than 'cumulative' test for constructive dismissal, contrary to established legal principles. This error necessitates remittal for reconsideration under the correct legal standard.

Court Disposition

Appeal allowed; matter remitted for rehearing before a differently constituted Tribunal.

Orders

  • The appeal is allowed.
  • The case is remitted to a differently constituted Employment Tribunal for rehearing.