T C Cleaning Contractors Ltd v Marsh [1995] UKEAT 920_95_0811 (8 November 1995)

T C Cleaning Contractors Ltd v Marsh [1995] UKEAT 920_95_0811 (8 November 1995)

The Tribunal was entitled to find that the letter of 1 February 1995 objectively amounted to a unilateral attempt to vary the terms of employment, constituting constructive dismissal. The appeal was out of time and contained no arguable legal point.

Citation
[1995] UKEAT 920_95_0811
Parties
Appellant: T. C. Cleaning Contractors Ltd; Respondent: Teresa Marsh
Jurisdiction
United Kingdom
Judgment Date
08 November 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Extension of Time, Review of Tribunal Decision
Employment Law Constructive Dismissal Unfair Dismissal Extension of Time Review of Tribunal Decision

Case Brief

Summary, issues, holding and outcome

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Parties

T. C. Cleaning Contractors Ltd

Appellant

Teresa Marsh

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in finding constructive dismissal
  2. 2 Whether the appeal was out of time
  3. 3 Whether the Tribunal erred in refusing a review

Ratio Decidendi

The Tribunal was entitled to find that the letter of 1 February 1995 objectively amounted to a unilateral attempt to vary the terms of employment, constituting constructive dismissal. The appeal was out of time and contained no arguable legal point.

Court Disposition

appeal dismissed

Orders

  • Appeal against original decision dismissed as out of time.
  • Appeal against refusal of review dismissed for lack of arguable legal point.