Tower Hamlets Consortium Ltd v Fisher [1998] UKEAT 97_98_0111 (1 November 1998)
No constructive dismissal occurred as the tribunal preferred the employer's evidence, showing no threat or breach of contract; Ms Fisher resigned voluntarily and not in response to a fundamental breach.
- Citation
- [1998] UKEAT 97_98_0111
- Parties
- Appellant: Tower Hamlets Consortium; Respondent: Ms S M Fisher
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 November 1998
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal
- Outcome
- appeal allowed
- Legal Topics
- Constructive Dismissal, Unfair Dismissal, Disciplinary Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Tower Hamlets Consortium
Appellant
Ms S M Fisher
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether Ms Fisher was constructively dismissed
- 2 Whether the dismissal was unfair
- 3 Whether proper disciplinary procedures were followed
Ratio Decidendi
No constructive dismissal occurred as the tribunal preferred the employer's evidence, showing no threat or breach of contract; Ms Fisher resigned voluntarily and not in response to a fundamental breach.
Court Disposition
appeal allowed
Orders
- Industrial Tribunal decision set aside
- Finding of constructive dismissal overturned
Full Case Text
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