The claimant had committed an act of serious negligence, jeopardising the safety of his colleagues. He was removed from his post as a scenic carpenter but offered an alternative post of maintenance carpenter on a trial basis, which was unacceptable to him. He resigned and successfully claimed constructive dismissal.
Held: The imposition of a punishment which is ‘grossly out of proportion to the offence’ can amount to the repudiation of a contract of service. It was for the Tribunal to decide whether the penalty of demotion to maintenance carpenter was within the band of reasonable penalties which a reasonable employer might impose on a man with Mr Beckett’s service with the BBC.
Judges:
Neill J
Citations:
[1983] IRLR 43
Citing:
Cited – Federal Commerce Ltd v Molena Alpha Inc (The Nanfri) HL 1979
The charterers of three ships on time charter had made deductions from time charter hire payments which the shipowners regarded as unjustified. In retaliation the shipowners purported to revoke the authority of the Charterers (to be implied under . .
Cited by:
Cited – Digby v East Cambridgeshire District Council EAT 30-Nov-2006
EAT Unfair dismissal – Reasonableness of dismissal
Practice and Procedure – Admissibility of evidence
Total exclusion of evidence relating to final written warning inextricably linked with sanction of . .
Cited – Stanley (Wainfleet ) Ltd v J F Sheridan EAT 18-Jul-2002
EAT Procedural Issues – Employment Tribunal . .
Cited – Haberdasher’s Monmount School for Girls v Turner EAT 8-Mar-2004
EAT Unfair Dismissal
ET incorrectly applied Sir John Donaldson’s dictum in Bridgen [1987] IRLR 58 (based on Woodar v Wimpey): assertion of wrong interpretation of contract not enough for repudiation, which . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 May 2022; Ref: scu.393374