EAT UNFAIR DISMISSAL – Constructive dismissal
A settled communicated intention to pay half rather than full pay was a fundamental breach of contract. The conclusion of the Employment Tribunal that the established breach was not fundamental because of an honest though mistaken view of the meaning of the relevant contractual term erroneously relied upon the judgment of an Employment Judge when that Judgment contained no such finding. On the findings of fact by the ET including that the Respondent had a settled intent to pay 50% of full pay no other conclusion could be reached other than the Respondent was in fundamental anticipating breach of contract. Case remitted to a differently constituted Employment Tribunal for rehearing on the basis that the anticipatory breach of contract by the Respondent was fundamental going to the root of the contract.
Judges:
Slade DBE J
Citations:
[2012] UKEAT 0070 – 12 – 1906
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.463680