''Woods v WM Car Services (Peterborough) Ltd''

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ICR 693 is a

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

case, concerning

unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing ...

, now governed by the

Employment Rights Act 1996 The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment ...

Facts

Wood Wood is a porous and fibrous structural tissue found in the stems and roots of trees and other woody plants. It is an organic materiala natural composite of cellulose fibers that are strong in tension and embedded in a matrix of lignin th ...

s was Chief Secretary and Accounts Clerk and the business’ new owners thought she was overpaid. She went to solicitors after they requested she accept less or work more. They suggested job title changes, and were planning to insist on them. Ms Woods’ solicitor advised her to resign and claim constructive dismissal. ‘All trust and confidence was lost on both sides.’ The Employment Tribunal held there was no constructive dismissal. The Employment Appeal Tribunal would have reversed this, but felt they were bound by ''

Pedersen v Camden LBC Pedersen () is a Danish and Norwegian patronymic surname, literally meaning "son of Peder". It is the fourth most common surname in Denmark, shared by about 3.4% of the population, and the sixth most common in Norway. It is of similar origin as the ...

''.

Judgment

Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

that the tribunal could not be overturned on its finding of fact unless there was a misdirection in law or the decision was perverse. He recounted ''

Horton v McMurty Horton may refer to: Places Antarctica * Horton Glacier, Adelaide Island, Antarctica * Horton Ledge, Queen Elizabeth Land, Antarctica Australia * Horton, Queensland, a town and locality in the Bundaberg Region * Horton River (Australia), i ...

''(1860) 5 H&N 667, 678 where giving hints to the jury Pollock CB said ‘Gentlemen, I believe it is for you to decide whether this was a proper ground of dismissal - but if it be a matter of law… my opinion is that it is a good ground of dismissal.’ As an addendum, he added, ‘I hope that this may lead to the shortening of the hearings before the industrial tribunals and the length of their reasons. At any rate it should reduce the number of appeals to the appeal tribunal.’ Watkins LJ concurred, on even stronger grounds saying, ‘The obdurate refusal of the employee to accept conditions very properly and sensibly being sought to be imposed upon her was unreasonable.’

Notes

References

* United Kingdom labour case law Court of Appeal (England and Wales) cases 1982 in United Kingdom case law {{UK-law-stub

Facts

Judgment

See also

Notes

References