Tinghamgrange Ltd (t/a Gryphonn Concrete Products) v Rudge & Anor [1997] UKEAT 256_97_2309 (23 September 1997)

Tinghamgrange Ltd (t/a Gryphonn Concrete Products) v Rudge & Anor [1997] UKEAT 256_97_2309 (23 September 1997)

The Tribunal was entitled to find that the employer's imposition of compulsory Saturday overtime was unreasonable and constituted a repudiatory breach of contract, justifying the respondents' departure as constructive dismissal. The Tribunal's findings on compensation, including mitigation and causation, were factual and not perverse.

Citation
[1997] UKEAT 256_97_2309
Parties
Appellant: Tinghamgrange Ltd; Respondent: Mr Rudge; Respondent: Mr Sheldon
Jurisdiction
United Kingdom
Judgment Date
23 September 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Overtime, Reasonableness of Employer Demands, Compensation for Loss of Earnings
Employment Law Constructive Dismissal Unfair Dismissal Overtime Reasonableness of Employer Demands Compensation for Loss of Earnings

Case Brief

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Parties

Tinghamgrange Ltd

Appellant

Mr Rudge

Respondent

Mr Sheldon

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer's imposition of compulsory Saturday overtime constituted a fundamental breach of contract amounting to constructive dismissal
  2. 2 Whether the dismissal, if established, was unfair
  3. 3 Whether the compensation awarded was correct, including issues of mitigation and causation

Ratio Decidendi

The Tribunal was entitled to find that the employer's imposition of compulsory Saturday overtime was unreasonable and constituted a repudiatory breach of contract, justifying the respondents' departure as constructive dismissal. The Tribunal's findings on compensation, including mitigation and causation, were factual and not perverse.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.