Wakefield & Pontefract Community Health NHS Trust v Hodgson & Ors [1996] UKEAT 489_96_1012 (10 December 1996)
Requiring the applicants, who were contractually engaged for psychiatric nursing, to work in subnormal nursing at Fieldhead Hospital constituted a fundamental breach of contract, justifying their resignations as constructive dismissals.
- Citation
- [1996] UKEAT 489_96_1012
- Parties
- Applicants: Hodgson, Walker, Cunnane, Donohoe and Padden; Respondent: Wakefield & Pontefract Community Health
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 December 1996
- Procedural Posture
- Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal
- Outcome
- appeal dismissed
- Legal Topics
- Constructive Dismissal, Breach of Contract, Fundamental Breach, Employment Contracts, Change of Work Duties
Case Brief
Summary, issues, holding and outcome
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Parties
Hodgson, Walker, Cunnane, Donohoe and Padden
Applicants
Wakefield & Pontefract Community Health
Respondent
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal
Legal Issues
- 1 Whether requiring psychiatric nurses to work in subnormal nursing constituted a fundamental breach of contract
- 2 Whether such breach amounted to constructive dismissal
Ratio Decidendi
Requiring the applicants, who were contractually engaged for psychiatric nursing, to work in subnormal nursing at Fieldhead Hospital constituted a fundamental breach of contract, justifying their resignations as constructive dismissals.
Court Disposition
appeal dismissed
Orders
- The appeal by Wakefield & Pontefract Community Health is dismissed.
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