EAT PRACTICE AND PROCEDURE: Appellate Jurisdiction/Reasons/Burns-Barke
UNFAIR DISMISSAL: Constructive Dismissal
The Employment Tribunal (1) failed to determine the question whether the Respondents were in fundamental breach of contract, and (2) stated the conclusion that the Claimant ‘accepted the breach’ without any reasoning. Cases on affirmation considered: in the light of the principles applicable, derived from W E Cox Toner (International) Ltd v Crook [1981] IRLR 443, Waltons and Morse v Dorrington [1997] IRLR 488 and Bashir v Brillo Manufacturing Co Ltd [1979] IRLR 295, reasoning was essential. There was no alternative to remission, given the lack of primary findings of fact on disputed issues.
Citations:
[2010] UKEAT 0380 – 09 – 2403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 August 2022; Ref: scu.408518
