''Wilson v Racher''

974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has ...

ICR 428 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

constructive dismissal In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly volu ...

. It serves as an example of an employer being found to have wrongfully dismissed an employee, because of the employer's own bad behaviour. Edmund-Davies LJ also made an important statement about the modern employment relationship,

ICR 428, 430

Facts

Mr Wilson, a "man of considerable competence" was the head gardener of an estate at

Tolethorpe Hall Tolethope Hall in the parish of Little Casterton, Rutland, England, PE9 4BH is a country house near Stamford, Lincolnshire at . It is now the location of the Rutland Theatre of the Stamford Shakespeare Company. The hall is a Grade II* Listed Bu ...

Little Casterton Little Casterton is a small village and civil parish in Rutland, England. The population of the civil parish at the 2001 census was 148, increasing to 218 at the 2011 census. It is about two miles (3 km) north of Stamford on a minor road t ...

, Stamford. He was employed by Mr Racher. He was employed for a fixed period of six months and his contract said this.

“Your employment will commence on April 24, 1972, and shall continue thereafter unless and until terminated by either of us by notice in writing expiring on October 23, 1972, or any anniversary of that date.”

When the two men first met there was "a complete conflict of personalities" and Mr Racher sacked Mr Wilson on June 11. Mr Wilson claimed this was

wrongful dismissal In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contra ...

. Mr Racher claimed the dismissal was for incompetence and misconduct, though the former allegation was dropped during trial. The question was whether the dismissal - i.e. termination of the contract - on grounds of misconduct was wrongful.

Judgment

Edmund Davies LJ, with whom Cairns LJ and James LJ concurred, held that in fact it was Mr Racher responsible for the breakdown of the employment relationship and that he had dismissed Mr Wilson unfairly. Cairns LJ James LJ

Notes

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References

*'' King v University of St Andrews'' [2005
CSIH 43
*E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 4, 178 United Kingdom labour case law Court of Appeal (England and Wales) cases 1974 in case law 1974 in British law United Kingdom employment contract case law

Facts

Judgment

See also

Notes

References