Source: All England Reporter
Publisher Citation: [2003] All ER (D) 240 (Jan)
Court: Employment Appeal Tribunal

Judge J McMullen QC, Mr J Shrigley and Mr G Wright

Representation The employee appeared in person.
  Richard Oulton (instructed by Davey Son & Jones, Gloucester) for the employer.
Judgment Dates: 22 October 2002


Employment - Unfair dismissal - Constructive dismissal - Change to job description - Conduct of employer - Employment tribunal - Procedure - Evidence of witness - Tribunal entitled not to adopt opinion evidence.

The Case

In the instant case, the employment tribunal's finding that the employer's conduct had not added up to a fundamental breach of contract was a finding of fact upon which there was ample evidence and upon which its judgment could not be faulted. It had therefore been entitled to conclude that the employer had dismissed the employee for a reason which fell within s98 of the and that that dismissal had been fair.

Practice Areas

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