Flintshire County Council v Michaelides [2008] UKEAT 0189_08_1809 (18 September 2008)

Flintshire County Council v Michaelides [2008] UKEAT 0189_08_1809 (18 September 2008)

The Tribunal erred by focusing on the incident of 14 July rather than assessing whether the employer breached the term of mutual trust and confidence, which is the fundamental issue in constructive dismissal.

Citation
[2008] UKEAT 0189_08_1809
Parties
Claimant: Flintshire County Council; Claimant: Michaelides; Respondent: Unknown (Local Authority)
Jurisdiction
United Kingdom
Judgment Date
18 September 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; case remitted to a differently constituted tribunal.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Mutual Trust and Confidence, Disciplinary Proceedings
Employment Law Unfair Dismissal Constructive Dismissal Mutual Trust and Confidence Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Flintshire County Council

Claimant

Michaelides

Claimant

Unknown (Local Authority)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Respondent breached the term of mutual trust and confidence
  2. 2 Whether the Claimant was constructively and unfairly dismissed

Ratio Decidendi

The Tribunal erred by focusing on the incident of 14 July rather than assessing whether the employer breached the term of mutual trust and confidence, which is the fundamental issue in constructive dismissal.

Court Disposition

Appeal allowed; case remitted to a differently constituted tribunal.

Orders

  • The case is remitted to a different Tribunal for reconsideration.
  • The Tribunal should assess afresh whether the Respondent breached the term of mutual trust and confidence.