Thornton Print Ltd v.Morton [2008] UKEAT 0090_08_0809 (8 September 2008)

Thornton Print Ltd v.Morton [2008] UKEAT 0090_08_0809 (8 September 2008)

The Employment Tribunal had jurisdiction to hear the claim because the grievance adequately set out the substance of the complaint, and it was not necessary for the Claimant to refer to the 'last straw' event in the grievance. The Respondent committed a repudiatory breach of contract, and the Claimant's acceptance of the breach was triggered by receipt of the letter of 27 July, which did not need to be separately grieved. The appeal was dismissed.

Citation
[2008] UKEAT 0090_08_0809
Parties
Respondent: Thornton Print Ltd; Claimant: Mr Morton
Jurisdiction
United Kingdom
Judgment Date
08 September 2008
Procedural Posture
Employment Appeal Tribunal / Full Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Statutory Grievance Procedures, Repudiatory Breach, Implied Term of Trust and Confidence
Employment Law Constructive Dismissal Unfair Dismissal Statutory Grievance Procedures Repudiatory Breach Implied Term of Trust and Confidence

Case Brief

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Parties

Thornton Print Ltd

Respondent

Mr Morton

Claimant

Procedural Posture

Employment Appeal Tribunal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear the claim given alleged non-compliance with statutory grievance procedures
  2. 2 Whether the Respondent committed a repudiatory breach of contract justifying constructive dismissal
  3. 3 Whether the letter of 27 July constituted a 'last straw' and needed to be included in the grievance

Ratio Decidendi

The Employment Tribunal had jurisdiction to hear the claim because the grievance adequately set out the substance of the complaint, and it was not necessary for the Claimant to refer to the 'last straw' event in the grievance. The Respondent committed a repudiatory breach of contract, and the Claimant's acceptance of the breach was triggered by receipt of the letter of 27 July, which did not need to be separately grieved. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal decision upheld
  • Claimant's constructive dismissal and claims for breach of contract and unpaid wages stand