Beverley McKeag v Balloo Inns Ltd
Posted In: Case Law-
Case Reference
1045/13 -
Legal Body
Northern Ireland Industrial Tribunal (NIIT) -
Type of Claim / Jurisdiction
Dismissal
The claimant claimed constructive dismissed from her job, pursuant to Art.127 of the Employment Rights (Northern Ireland) Order 1996. She worked as a sous-chef at the respondent’s business, but resigned as a result of a decision by the respondent to alter her work location and hours which she essentially argued would make her position ‘economically unviable’. The tribunal had to look closely at whether the respondent had made, if at all, an actual or an anticipatory breach of contract in the context of a constructive dismissal.
The Tribunal decided that the claimant’s case rested on two main issues which she claimed amounted to a repudiatory breach of the contract:
1. The respondent’s
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