Tithebarn Ltd v Hubbard [1991] UKEAT 532_89_0711 (7 November 1991)

The Tribunal was entitled to find that Mr Hubbard's actions were mere discussions about future intentions and did not amount to a breach of contract or misconduct; no error of law was present.

Citation: [1991] UKEAT 532_89_0711
Parties: Applicant: Stephen Hubbard; Respondent: Tithebarn Limited
Jurisdiction: United Kingdom
Judgment Date: 07 November 1991
Procedural Posture: Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome: appeal dismissed, cross appeal allowed
Legal Topics: Unfair Dismissal, Contributory Fault, Breach of Contract, Implied Terms

Employment Law Unfair Dismissal Contributory Fault Breach of Contract Implied Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Hubbard

Applicant

Tithebarn Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

1 Whether Mr Hubbard's conduct amounted to misconduct justifying dismissal
2 Whether there was a breach of the implied term of loyalty and fidelity
3 Whether the 25% reduction for contributory fault was justified

Ratio Decidendi

The Tribunal was entitled to find that Mr Hubbard's actions were mere discussions about future intentions and did not amount to a breach of contract or misconduct; no error of law was present.

Court Disposition

appeal dismissed, cross appeal allowed

Orders

Appeal by Tithebarn Limited dismissed
Cross appeal by Mr Hubbard allowed